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THE SOCIETY OF THE PLASTICS II!DUSTILY, ICC. , Petitioner, v. OCCUPATIONAL SAFETY AUD HEALTH ADMINISTRATION, UNITED STATES lA?/. AMENT CF LA.3OH; PETER J. DRENNAN, SECRET A -'.Y, PEP.ARTMENT OF LABOR; AND JOHN STANDEE. AS SESTET TT SECRETARY FOR OCCUPATIONAL SAFETY AND HEALTH. Respondents, FIRESTONE PLASTICS COMPANY, A DIVISION OF THE FIRESTONE TIRE f_ RUTTER COUP ANY, Xntervenor, INDUSTRIAL UNION DEPARTMENT, AFL-CIO Intcrvenor. On Petition For Review Of /An Order Of The Occupational Safety and Health Administration, United States Denartm.cnt of Labor Of Counsel; Joseph E. Hadley Peter Thomas Smith Keller and Heckman 1150 17th Street, N.W. Washington, D.C. 20020 November 12, 1974 Martin I. Shelton Shea, Gould, Climer.ko & Kramer 330 Madison Avenue New York, New York 10017 Jerome H. Heckman Keller and Heckman 1150 17th Street, N.W. Washington, D.C. 20C36 Attornovs for Petitioner BOR 004344 BRIEF FOR PETITIONER IN THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT No. 74-2204 THE SOCIETY OF THE PLASTICS INDUSTRY, INC., Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, UNITED STATES DEPARTMENT OF LABOR; PETER J. BRENNAN, SECRETARY, DEPARTMENT OF LABOR; AND JOHN STENDER, ASSISTANT SECRETARY FOR OCCUPATIONAL SAFETY AND HEALTH. Respondents, FIRESTONE PLASTICS COMPANY, A DIVISION OF THE FIRESTONE TIRE & RUBBER COMPANY, Intervenor, INDUSTRIAL UNION DEPARTMENT, AFL-CIO Intervenor. On Petition For Review Of An Order Of The Occupational Safety and Health Administration, United States Department of Labor Of Counsel: Joseph E. Hadley Peter Thomas Smith Keller and Heckman 1150 17th Street, N.W. Washington, D.C. 20036 November 12, 1974 Martin I. Shelton Shea, Gould, Climenko & Kramer 330 Madison Avenue New York, New York 10017 Jerome H. Heckman Keller and Heckman 1150 17th Street, N.W. Washington, D.C. 20036 Attorneys for Petitioner BOR 004345 TABLE OF CONTENTS s PRELIMINARY STATEMENT . STATEMENT OF THE ISSUES PRESENTED STATEMENT OF THE CASE SUMMARY OF THE ARGUMENT ARGUMENT Page 1 4 5 13 TO BE SUSTAINED IN THE PROMULGATION OF A STANDARD SUCH AS THE ONE HERE IN ISSUE, THE SECRETARY OF LABOR MUST DEVELOP A RECORD, CAREFULLY ELUCIDATE FINDINGS BASED ON THE RECORD, AND REACH CONCLUSIONS THAT RESULT IN A STANDARD WHICH IS FEASIBLE; HIS FAILURE TO MEET THESE BASIC REQUIREMENTS IN THIS CASE MAKE THE PROMULGATION OF THE STANDARD UNLAWFUL AND INVALID......................................................................17 II. THE RECORD BEING DEVOID OF A SCINTILLA OF EVIDENCE TO SUPPORT THE TECHNOLOG ICAL FEASIBILITY OF ACHIEVING THE EXPOSURE LIMITS IN THE VINYL CHLORIDE STANDARD, THE REAL EFFECT OF ADOPTION OF THE STANDARD WILL BE TO COMPEL FULL-TIME USE OF RESPIRATORY PROTEC TION BY THE WORK FORCE; THE ONLY EVIDENCE OF RECORD INDICATES THAT THIS RESULT WILL MAKE SAFE PLANT OPERATION TECHNOLOGICALLY INFEASIBLE AND BE DETRIMENTAL TO EMPLOYEE HEALTH..............................................................................................................22 III. THE RECORD AS A WHOLE DOES NOT CONTAIN SUBSTANTIAL EVIDENCE TO JUSTIFY APPLI CATION OF THE STANDARD TO FABRICATORS OR PROCESSORS OF PVC RESIN, MANY OF WHICH WOULD FIND IT ECONOMICALLY INFEASIBLE TO COMPLY.......................................................................36 BOR 004346 Page IV. THE VINYL CHLORIDE STANDARD 15 SO n VAGUE AND INDEFINITE THAT IT VIOLATES THE CONSTITUTIONAL RIGHT TO DUE PROCESS AND FAILS TO COMPLY WITH THE REQUIREMENTS OF THE ACT...........................................................42 V. THE VINYL CHLORIDE LABELING REQUIRE MENTS FAIL TO COMPLY WITH THE REQUIREMENTS OF THE OCCUPATIONAL SAFETY AND HEALTH ACT AND ARE, THEREFORE, UNLAWFUL......................................................................51 A. THE SECRETARY EXCEEDED HIS STATUTORY AUTHORITY IN THAT THE LABELING WHICH WOULD BE REQUIRED BY THE STANDARD DOES NOT ADEQUATELY INFORM EMPLOYEES AS REQUIRED BY THE OCCUPATIONAL SAFETY AND HEALTH ACT.....................................................51 B. THE SECRETARY EXCEEDED HIS STATUTORY AUTHORITY AND ILLEGALLY USURPED THAT OF ANOTHER FEDERAL DEPARTMENT BY ADOPTING THE LABELING PROVISIONS IN THE STANDARD........................................56 VI.CONCLUSION. ..................................................................................59 APPENDIX A - STATUTES AND RULES...................................................A-l APPENDIX B - "PETITION FOR STAY OF EFFECTIVE DATE OF STANDARD" ...................................................A-55 ii BOR 004347 \ TABLE OF CITATI1 ONS Cases: N Page Ashton V. Kentucky, 384 U.S. 195 (1966)....................... 44 Associated Edison Co. v. NLRB, 305 U.S. 197 (1938) ..................................................................................................... 18 Associated Industries of New York State, Inc. v. United States Den't of Labor, 487 F.2d 342 (2d Cir. 1973) ............................................. 14, 17, 28, 45, 50 Automotive Parts Accessories Association v. Boyd, 330 (D.C. Cir. 1968) ....................................... 28 Chrysler Corn. v. Den't of Transnortation, 472, F.2d 659 (6th Cir. 1972) ....................................... 47 Connallv v. General Construction Co., 259 U.S. 385 (1925) .............................................................. 44 Florida Peach Growers Association Inc. v. United Stares Den't of Labor, 489 F.2d 120 (5th Cir. 1974) ........................................ 17 Graccio v. Pennsylvania, 382 U.S. 399 (1966) ................................................................................................ 43, 44 Industrial Union Den't, AFL-CIO v. Hodgson, 499 F.2d 467 (D.C. Cir. 1974) . . . 15, 20, 22, 45, 33 Kraus & Bros, v. United States, 382 U.S. 399 (1966) . . . . ............................................. 43, 44 National Realty and Construction Co. Inc. v. Occupational Safety and Health Review Commission, 489 F.2d 1257 (4th Cir. 1973) ......................................................... 17 NLRB v. Columbian Enamelinq and Stamping Co., 306 U.S. 292 (1938) ............................ 18 Portland Cement Association v. Ruckleshaus, 486 F.2d 375 (D.C. Cir. 1973) .................................................................................... 48 Stromberg v. California, 283 U.S. 359 (1931) .............................................................................................. 44 iii BOR 004348 Page Universal Camera Corn. v. NLRE, 340 U.S. 474 '(1951) ..........................................................................................18 United States v. L. Cohen Grocery Co., 255 U.S. 81 (1921)...................................................................44 United States v. National Dairv Products Corp. , 372 U.S. 29 (1963) ........................................ 44 Statutes: U.S. Constitution, 5th Amendment .................................. 43 Occupational Safety and Health Act 29 U.S.C. 653 (b) (1) 29 U.S.C. 654 (a) (1) 29 U.S.C. 655 (b) (5) 29 U.S.C. 655 (b) (7) 29 U.S.C. 655 (f) 29 U.S.C. 666, ........................................................16, 56 ........................................................ 8 ....................... 15, 17, 19, 20 , 22, 43 , 44 , 52 16, 51 17, 44 . ............................................ . 43 49 U.S.C. 1655 (e) (4) * 39 Fed. 39 Fed. 39 Fed. 39 Fed. Reg. Reg. Reg. Reg. 12342 16897 30844 35890 ........................................................57 ......................................................... ......................................................... ....................... 1, 5, 9, 15, 36, 51, 7 7, 8 23 23, 24, 37, 39, 57 25, 46, 26, 47, 33 49 29 C.F.R. 29 C.F.R. 29 C.F.R. 29 C.F.R. 29 C.F.R. 29 C.F.R. 29 C.F.R. 29 C.F.R. 29 C.F.R. 29 C.F.R. 29 C.F.R. 29 C.F.R. 29 C.F.R. 29 C.F.R. 29 C.F.R. 1910.93 ........................................................37 1910.93a (g) (2) .............................................53 1910.93c-p........................................................40, 53 1910.93a (a) (2) .............................................36, 39 1910.93a (a) (3) .............................................57 1910.93q(b) ............................................. 7 1910.93q(c) ............................................. 7 1910.93q (e) .............................................36, 39 1910.93q (e) (2) .............................................47 1910.93q(f)(1) ............................................. 1910.93q (f) (2) .............................................42 1910.93a (g) .............................................47 1910.93q (g) (5) .............................................47 1910.93q(l) .............................................51, 58 1910.93q (1) (5) .............................................57 iv BOR 004349 29 C'.F.R. 1911.18 (b) 49 C.F.R. 49 C.F.R. 49 C.F.R. 49 C.F.R. 49 C.F.R. 172.5 173.400 173.402 (3) 173.404 173.407 ............................................. . . ............................. . ................................................... .......................'........................ ................................................... ................................................... 17, 28 16, 16, 16, 16, 16, 57 57 57 57 57 Other Authorities: Sen. Rep. No. 91-1282 91st Cong., 2d Sess. (1970) ................................................... 8, 20 , 52 , v BOR 004350 .tti, ' IN THE UNITED STATES COURT OF APPEALS ' FOR' THE SECOND CIRCUIT v No. 7.4-2284 THE SOCIETY OF THE PLASTICS INDUSTRY, INC., Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, UNITED STATES DEPARTMENT OF LABOR; PETER J. BRENNAN, SECRETARY, DEPARTMENT OF LABOR; AND JOHN STENDER, ASSISTANT SECRETARY FOR OCCUPATIONAL SAFETY AND HEALTH. ' Respondents, . , . FIRESTONE PLASTICS COMPANY, A DIVISION OF THE FIRESTONE TIRE & RUBBER COMPANY, Intervenor, INDUSTRIAL UNION DEPARTMENT, AFL-CIO Intervenor. On Petition For Review Of An Order Of The Occupational Safety and Health Administration, United States Department of Labor BRIEF FOR PETITIONER BOR 004351 PRELIMINARY STATEMENT This is a Petition for Review of the.Vinyl Chloride Regulation, 29 C.F.R. 1910.93q, promulgated by the Secretary of-Labor.on October 4, 1974. The Secretary' of Labor's opin ions and a general statement of his reasons for the require ments he would impose on the vinyl chloride industry are set out with the Standard at 39 Fed. Reg. 35890 e.t sea. (October 4, 1974) . The Petitioner, The Society of the Plastics Industry, Inc. (SPI) , is the major national trade association for the plastics industry. The Society is composed of 1400 members .and 50 operating- units., including producers of the plastics raw materials or resins and of the various modifiers and ad juvants used, plastics machinery and mold builders, and those known as processors, converters or fabricators who turn plastic resins into finished components or products. The Society's membership represents over 95% of the plastics materials and machinery produced in the United States and about 75% of the processing volume. In the United States today, there are 13 vinyl chloride monomer (VCM) producing plants and 36 plants which polymerize the monomer into polyvinyl chloride (PVC) resin. Twenty-two companies representing over 99% of VCM and PVC capacity are active members of the Society's VCM and PVC Producers Commit tee. Bor 004352 2 -The members of the VCM and PVC Producers Committee include: Air Products and Chemicals Inc^ , B.'F. Goodrich Chemical Company-Borden..Chemical Company., Continental^ Oil v/ Company, Diamond Shamrock Chemical Company, Dow Chemical USA, Ethyl Corporation, Firestone Plastics Company, General Tire & Rubber Company, Goodyear Tire & Rubber Company, Great American Chemical Co., Hooker Chemical & Plastics Corp., ICI North America Ltd., Olin Corporation, Pantasote Company of New York, PPG Industries, Shell Chemical, Stauffer Chemical Company, Tenneco Chemicals Inc., Union Carbide Corporation and Uniroyal Chemical. In addition, at least 600 of the Society's fabricator and processor members are active in converting PVC into com ponent or end products. The Society's concern with PVC, thus, begins with the manufacture of VCM and carries forward through the polymerization into PVC, and the various fabrication and conversion processes (i.e. calendering, blow molding, extrusion, injection molding, and subsequent finishing operations). The Society was officially requested to involve it self on behalf of its members in all aspects of the VCM and PVC regulatory situation by its VCM and PVC Producers Com mittee. Accordingly, it appeared and presented evidence on its behalf at the informal Occupational Safety and Health Administration (OSHA) Hearings conducted June 25 through June 28, 1974 and July 8 through July 11, 1974, submitted BOR 004353 -3 - written Comments-on the Proposed Permanent Standard; the * Draft 'Sind Final Environmental Impact Statements; and the study by Foster D. Snell Co., Inc. commissioned .by OSHA. Similarly, the Society has been duly authorized by its mem bers to present the industry's case to this Court. BOR 004354  STATEMENT OF THE ISSUES PRESENTED N* . ' . . ., . 1,, Whether the promulgation of the Vinyl Chloride Standard was based' on determinations by the Secretary of Labor whichare unsupported by substantial evidence in the record." 2. Whether, speaking from the technological and economic points of view, the Vinyl Chloride Standard can be complied with by the regulated industry. 3. Whether the Vinyl Chloride Standard is so vague and un certain in its terms that enforcement of it will violate the requirements for due process under the Fifth Amendment to the U.S, Constitution. ------- 4. Whether the labeling and sign requirements of the Vinyl Chloride Standard fail to comply with the requirements of the Occupational Safety and Health Act of 1970 and are, therefore, unlawful. BOR 004355 5 'STATEMENT OF THE CASE The ultimate purpose of this Petition for Review by The Society of the Plastics Industry, Inc. (SPI) el: al. is to obtain full reconsideration, within the bounds of the appropriate statute, of the standard for occupational expo sure to vinyl chloride recently promulgated by -the Department of Labor's Occupational Safety and Health Administration 1/ (OSHA). In the production of polyvinyl chloride, vinyl chlo- 2/ ride monomer (VCM) is combined with other substances and polymerised into- polyvinyl- chloride- (PVC)'V The resulta'ht'PVC resin is then subjected to further processing into semi-finished or finished products. The uses of polyvinyl chloride are nu merous and can best be grouped into five .general end-use appli cations including building and construction; motor vehicles; home furnishings, household goods and apparel; specialty products, primarily consumer goods such as packaging; and miscellaneous products, including hard and soft-ware for medical, agricultural and industrial applications. 17 29 C.F.R. 1910.93q; 39~~Fed. Reg. 35890, et sea. 2/ Vinyl chloride is a gaseous chemical under ambient condi tions. In manufacturing operations, it is refrigerated, under pressure and handled as a liquid. In the context of this pro ceeding, vinyl chloride is a raw material, more specifically a monomer, used in the manufacture of the polymer, polyvinyl chloride, the second most widely used plastic material. BOR 004356 -Polyvinyl chloride is among the oldest of the major, v.. _ plastic maierials. The'first- commercial plantto make- poly vinyl; chloride resin in the United States was constructed in 1939. The production of polyvinyl chloride has now grown to the point where its use is almost incomparably ubiquitous; few industries can be found which do not employ equipment, parts, furnishings or the like where PVC is not an integral "ingredient." In 1973, there was an estimated world-wide out put of 18 billion pounds and a United States output of 4.6 billion pounds. In response to information made available' to' OSHA'by"" the National Institute for Occupational Safety and Health (NIOSH) in January of 1974 that the B. F. Goodrich Chemical Company had reported the deaths of several employees from a rare form of liver cancer called angiosarcoma, OSHA conducted a fact-finding hearing on the possible hazards involved in the manufacture and end-use of both vinyl chloride and poly vinyl chloride. Subsequently, OSHA was informed of deaths from angiosarcoma among workers employed by the Firestone Plastics Company, the Goodyear Tire & Rubber Company, and the Union Carbide Corporation. The human deaths from this form of liver cancer and information adduced at the fact-finding hearing about the possibility of inducing the same disease in laboratory BOR 004357 animals# particularly data presented by Professor Cesare Maltoni of Bologna, Italy, led' OSHA ' to conclude tJiat the in- - halation- of vinyl. chlo-ride-. is carcinogenic, .fox-.humans and. must be considered carcinogenic for man at the same level as 3/ for animals. By publication of an Emergency Temporary Standard on April 5, 1974 OSHA lowered its limitations on vinyl chloride exposure from a ceiling of 500 parts per million (ppm) to a 4/ ceiling of 50 ppm. Having received additional animal data from Industrial Bio-Test Laboratories of Northbrook, Illinois indicating that angiosarcoma could be induced in test animals at 50 ppm, on May 10, 1974 OSHA proposed a permanent occupational exposure standard for vinyl chloride at a "no detectable" level which was defined as not detectable with a sampling and analytical 5/ method capable of measuring concentrations of 1 ppm. In the explanatory statement accompanying the OSHA Proposed Permanent Standard, it was made quite clear that-- in keeping with the general policies of the Agency, and the legislative intent of the Occupational Safety and Health Act of 1970 (OSH Act) (both of which place great emphasis on 37 39 Fed. Reg. 12342, et~eq. (Emergency Temporary Standard) . 4/ 29 C.F.R. 1910.93q(b); 39 Fed. Reg. 12343. 5/ 29 C.F.R. 1910.93q(a), (c); 39 Fed. Reg. 1G897 (Proposed Permanent Standard). BOS 004358 8 imposing' the burden of providing safe work places on employ- `N - . &/ . ers, not employees)"* --the Secretary's intention here was to1 require or permit-the use of-respirators .as. nothing more.. than a stop-gap or supplementary measure. The following statement by the Secretary certainly bespeaks recognition therein that the wearing of respirators is a nearly intolerable burden on employees and can present significant health hazards so that any standard which would require the full-time use of respirators would have to be considered an extreme measure: "Accordingly, it is proposed to require the institution of: engineering controls and of' workpractice methods as soon as feasible, and to require the use of respirators pending the institution of such controls, to supple ment 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." 7/ If further proof were needed that it was never the intention of the Department of Labor to resolve the vinyl chloride monomer problem by requiring full-time use of 67 The general duty clause of the OSH Act, which sets the tone of the whole statute, explicitly states "(e]ach employ er shall furnish...a place of employment... free from recog nized hazards...." OSK Act 6(a)(1); 29 U.S.C. 654 (a) (1) . What is more, the Senate Report stated " [e]rrployers have primary control of the work environment and should insure that it is safe and healthful." Sen. Rep. No. 91-1282, 91st Cong. 2d Sess. (1970); 3 U.S. Code Cong. & Admin. News 5186 (1970). 7/ 39 Fed. Reg. 16897. BOR 004359 respiratory equipment, such proof is to-be found in- the ex planatory statement made by the'Secretary when the Permanent Standard here under attack was published. In the portion of the statement of conclusions based on the record enunciated by the Secretary, it was stated as follows: "We would agree that respirators have many drawbacks; the proposal did not -con template the1 as a final solution." 8/ After public ion of the Proposed Permanent Standard, a record was developed with regard to a number of facts and related issues raised by the proposal. Purportedly basing his conclusions upon the facts in this record, the Secretary of Labor promulgated the permanent occuDationai exposure 9/ standard for vinyl chloride now before this Court for review. Specifically, the Standard sets permissible exposure limits for occupational exposure to VCM and requires employ ers to meet these exposure limits. The evidence adduced in the Record shows that the exposure limitations are both technologically beyond the compliance capabilities of the industry and that human ex perience data shows such low levels are not required to pro tect industry employees. Where the feasible engineering and work practice controls are not sufficient to reduce exposure $7 39 Fed. Reg. 35894. 9/ 29 C.F.R. 1910.93q; 39 Fed. Reg. 35890, et sea. BOR 004360 - 10 to these-permissible ievels, the Standard specifies that particular types of respirator equipment must be'supplied to employees to-' supplement engineering and..work- practice controls designed to reduce occupational exposure to VCM. Thus, unfortunately, while it is clear that the orig inal proposal did not contemplate the use of respirators on a full-time basis and neither the government nor industry had any reason to believe that OSHA might adopt a standard which would have the effect of requiring full-time use of respira tors, the final Standard will have precisely this effect. This, is because the only evidence of record demonstrates the infeasibility of any vinyl monomer or polyvinyl chloride resin company reaching the permissible exposure standard; thus, full time respirator use is actually what is being mandated, in effect, although the Secretary may be unable or unwilling to recognise this fact. It might be noted in passing that, had the Secretary recognized that the practical effect of the imposition of the Standard would be to require inordinate and concededly haz ardous overuse of respirators, there might have been adequate notice given in this respect, and the government might have produced testimony to justify its position that full-time use of respirators is feasible and will not create greater haz ards for employees than that to which they are now subjected. As it is, all of the testimony in the Record including that BOR 004361 - 11 - of the government's expert witness is to the effect that- full-, time tlse'of respirators' is-not feasible, and might well pres ent a greater hazard to employees than the type of very limited exposure to vinyl chloride monomer industry has advocated. Moreover, the various types of respirators prescribed in the Standard were neither designed for, nor are they practical for use over long periods of time. As a practical matter, the operation of a chemical plant is not feasible if employees are encumbered by respiratory protective equipment. Furthermore, because of inherent respirator limita tions, detailed in the Record, many employees cannot use this equipment because of current health conditions or prob lems that would be caused by long term respirator use. Additionally, the required respiratory equipment is not available in sufficient supply. Without respirators to "supplement" engineering and other controls, the industry will not be able to operate under the new Standard. A "Peti tion for Stay of Effective Date of Standard" filed with OSHA on November 5, 1974 contains more detailed information in 10/ this respect. The scope and application of the Standard cover all three segments of the industry and secondary service-type Xo7 Since this Petition was" filed after designation of the Record to this Court, a copy of the Petition and its ap pendices are included in this Brief as Appendix B. BOR 004362 12 industries as v/ell. ' The Standard, as written, would resuit in its appli cation to. fabricators^,. processors., the. transportation in dustry, warehousing and the like. Actually, for "downstream operations," in almost all cases the danger of exposure to VCM is remote because they do not use vinyl chloride monomer, per se; they use or handle only the polymeric resin which contains some low levels of residual VCM. Nevertheless, at every location where VCM or PVC is manufactured, reacted, packaged, repackaged, stored, handled or used and where em ployees may be exposed to more than 0.5 ppm of VCM, the em ployer must monitor individual employee exposure. The Standard also mandates labeling for regulated areas and all containers of VCM or PVC. The central feature of the required labeling is the term "cancer-suspect agent." The Standard does not require the type of "information label ing" generally prescribed in similar situations, e.g. as with asbestos, now governed by a separate OSHA Standard. The Secretary apparently did not consider the impact this Standard would have on the country's economy as a whole in his decision making process. Evidence was presented to show that if the industry were closed down, enormous dis-* placements both in terms of jobs and national economics, would occur. BOR 004363 13 SUMMARY OF THE ARGUMENT ; \ ` > . ; > .' . The Occupational Safety and Health Administration of the United States Department of Labor promulgated an' occupa tional exposure standard for vinyl chloride which would severely restrict the permissible employee exposure to vinyl chloride by setting, in effect, a "no detectable" limitation on exposure. It is now clear that the only way this limita tion can be achieved would be by requiring the continuous use of respirators in most vinyl chloride monomer and poly vinyl chloride resin plants and by placing other unwarranted and' intolerable burdens 'on the"monomer and 'resin'manufacturers and their employees. The Secretary's principal basis for taking such extreme action was an essentially arbitrary "policy judgment" that the Standard, as written, is necessary, though reaching the exposure limitations is, for all practical purposes, conceded to be infeasible with present or foresee able engineering practices or technology. Moreover, in making the judgment the Secretary does not forthrightly concede that the Department is effectively mandating the full time use of respirators; on the contrary, it appears that this effect is not what was intended at all. It therefore appears that the adverse effects of full time respirator use were probably weighed seriously only by industry. Bor 004364 14 .In making his determinations on the health issues in v'". - 1' ' .* ` . * '* . " t . - * the case, the Secretary repeatedly characterized the evidence in the-Record as "uncertain," using this wholly negative con tention to justify taking an inordinately severe position. In short, the Secretary used an alleged evidentiary void to justify a decision without a factual basis upon a reading of the Record as a whole. The Standard for judicial review of an Occupational Safety and Health Act Standard is the "substantial evidence" test. Associated Industries of New York State, Inc, v. United States Den't of Labor, 487 F.2d 342 (2d Cir. 1973). The Sec retary not only lacked evidence for his determinations on the need for and feasibility of the exposure, levels adopted, and important aspects of the respirators and monitoring systems requirements, but there was an abundance of evidence of Rec ord militating in favor of almost completely contrary con clusions. An examination of the evidence does not show that a virtual "no detectable" exposure level is either achievable or necessary to protect workers; that the polyvinyl chloride fabricators, transporters and warehousemen need to be reg ulated; or that the presently prescribed exposure levels and respiratory protection requirements can be achieved techno logically, or provided in a timely fashion. Feasibility of achievement, both technological and economic, is an indispensable statutory consideration for BOR 004365 15 the Secretary in Occupational Safety and Health rule making. OSH Act `6 (b)(5); Industrial Union Deb't, AFL-CIO v. Hcdbson 499 F.2d 467. (D.C.. Cir, 1974). The Secretary is prohibited from promulgating a standard which will have the effect of removing employers from business by saddling them with un attainable or vague standards which a Record shows are tech- - **** nologically impossible to meet; obviously, if one cannot foresee any certainty of achieving a goal set by the Secre tary but is required to continue expenditures with or without reasonable hope of success, as is the case here, the Standard is not technologically feasible within any rule of reason. The Secretary also failed in his obligation to prom ulgate a standard which men of reasonable intelligence could understand. Since many provisions of the Standard are so inartfully drawn that a reasonable man cannot know what they mean in terms of practical application, the Standard should be declared void as vague and unenforceable. As a final requirement to be placed on those who would be controlled by the Vinyl Chloride Standard, the Secretary set out labeling requirements. Over objections and ignoring entirely the constructive alternative proposals of SPI and others, the Secretary would require labeling which focuses only on the name of the product, vinyl chloride, and the 11/ words "Cancer Suspect Agent." The mandate of Congress 117 29 C.f7r. 1910.93q(l); 39 Fed. Reg. 35898. BOR 004366 16 in enacting the Act was to require instructive labeling which would provide information'on how to deal with the hazard and prevent injury... OSH Act 6.(b) (7) ; 29 U.S.C. 655(b) (7) . In this aspect, also, the Secretary exceeded the scope of his statutory authority, abused his discretion, and, thus, prom ulgated an unlawful standard. The Secretary also stepped beyond the bounds of his authority by extending his labeling requirements to all con tainers of VCM, i.e., even containers of VCM in interstate transportation would be subject to his labeling. The Sec-, retary's authority to regulate occupational safety and health does not include areas where other Federal agencies have established standards, OSH Act 4(b) (1); 29 U.S.C. 653 (b) (1) and the Department of Transportation has already set labeling 12/ standards for the transportation of vinyl chloride. Thus, the Standard is unlawful insofar as it purports to directly affect the labeling of VCM containers in transportation. 127--49 C.'F.R." 172.5 , T/-T.400, .402, .404, .407. BOR 004367 17 's ARGUMENT ' ......................... I TO .BE SUSTAINED. IN THE PROMULGATION OF A STANDARD " SUCH'AS THE' ONE HERE IN ' ISSUETHE SECRETARY OF' LABOR MUST DEVELOP A RECORD, CAREFULLY ELUCIDATE FINDINGS BASED ON THE RECORD, AND REACH CONCLUSIONS THAT RESULT IN A STANDARD WHICH IS FEASIBLE; HIS FAILURE TO MEET THESE BASIC REQUIREMENTS IN THIS CASE MAKE THE PROMULGATION OF THE STANDARD UNLAWFUL AND INVALID. Before a standard for occupational safety, and health may be promulgated by the Secretary of Labor a specific rule 13/ making procedure must be followed and "ft]he determinations of the Secretary shall be conclusive [only] if supported by substantial, evidence- in the record, considered, as . a. whole.-" . OSH Act 6 (b) and (f)? 29 U.S.C. 655 (b) and (f); and 29 C.F.R. 1911.18(b) (emphasis added). In promulgating Occupational Safety and Health Regu lations, "substantial evidence" has been held to be the appro priate standard for review of the Secretary of Labor's action even when it results from an informal rule making procedure. 14/ Associated Industries, supra, at 342. Thus, the Courts 13/ This procedure includes notice, development of a record including an informal factual hearing if requested, and, if the Standard is adopted, incorporation in the rule making notice of a concise general statement of its basis and purpose 14/ For the application of the "substantial evidence" rule to other forms of adjudicative determinations by the Occupa tional Safety and Health Administration, see, Florida Peach Growers Association Inc, v. United States Dep't of Labor, 489 F.2d 120 (5th Cir. 1974)~ and National Realty'and Construction Co. Inc. v. Occuoational Safety and Health Review Commission, 489..'EM 2d 1257 (4 th Cir. 1973) ^ ~ BOR 004368 - 18 - '* 'V have recognized that Congress expected the Secretary to ex ercise his rule making power on the basis of "substantial ' evidence"1-contained" in the' record; the law does.not coriten- plate the making of critical decisions based on administra tive fiat or unfounded "beliefs" as to what industry might be able to accomplish. The term "substantial evidence" has been defined succinctly as "...such relevant evidence as a reasonable mind might accept as adequate to support a conclusion." Universal Camera Corp. v. NLRB, 340 U.S. 474, 477 (1951); Associated .Edison. Co. y., tyLRE, 305 .197,.. 229, . (1938) (emphasis added) It "must do more than create a suspicion of the existence of the fact to be established_____it must be enough to justify, if the trial were to a jury, a refusal to direct a verdict when the conclusion sought to be drawn from it is one of fact for the jury." Universal Camera, supra, at 477; NLRB v. Columbian Enameling and Stamping Co., 306 U.S. 292, 300 (1938). The test, therefore, is not one of simply finding something, however isolated, in the record to support the agency's determination. An examination of the whole record is necessary to see if the agency has met its evidentiary burden of bringing reliable and determinative facts to light, thereby enabling it to make responsible decisions. Clearly this is what Congress had in mind since it was and is well recognized that OSHA's actions can affect the lives BOR 004369 19 and jobs of millions'of'people--this case is an excellent 15/ example of how much'"can be at stake. " . ...In promulgating. Occupational Safety .and Health Stan-, dards, the Secretary is mandated by the statute to make his determinations on the "best available evidence" so that his decisions will withstand scrutiny under the substantial evidence test. Standards must be developed based on research, demonstrations, experiments and other appropriate' information and, along with employee safety and health, the considera tions to be weighed must also include the latest available scientific data, the feasibility of the Standard, and the experience gained under all health and safety laws. OSH Act 6(b)(5); 29 U.S.C. 5655 (b)(5). Such a critical inquiry into the evidentiary basis for the Standard promulgated by the Secretary is one Congress determined the Courts must undertake to provide an effective check on his performance of the exceptionally broad regu latory duties delegated to him under the statute. Absent such a review, there would be no way to bar arbitrary use of the 157 Joint Appendix (hereinafter referred to as: "JA") 2589 and 2617: The report of A.D. Little, Inc., an economic impact analysis of the effect of a "no detectable" exposure limit on the VCM and PVC industries, indicated that a shut down of all PVC resin plants in the United States and unavailability of PVC resin could result in a loss of 1.7-2.2 million jobs. A report by General Motors Corporation indicates severe reduc tions in VCM production would directly affect 45,000 Gil em ployees and that the ripple effect, that is, GM-related lay offs alone, could reach 1.8 million workers. JA 2359. BOR 004370 20 Occupational Safety and Health Administration's virtually plenipotentiary powers over industry and its employees. -Section 6 (b.) (-5) of the O.SI! Act states . that" [t] he Secretary shall set the Standard which most adequately as sures ,_to__Uie__exton_t_feasibl_e , on the basis of the best available evidence, that no employee will suffer material impairment of health or functional capacity...." 29 U.S.C. 655(b)(5) (emphasis added). Senator Javits, who authored the amendment which inserted the phrase "to the extent feasible" in the OSK Act, explained its meaning as follows: "As a result of this amendment the Secretary in setting standards, is expressly required to consider feasibility of proposed standards. This is an improvement over the Daniels bill, which might be interpreted to require absolute health and safety in all cases regardless of feasibility, and the Administration bill, which contains no criteria for standards at all." S. Rep. No. 91-1282, 91st Cong. 2d Sess. (1970); 3 U.S. Code Cong. & Admin. News 5222 (1970). The statutory language has been interpreted to mean that the Secretary cannot "...[put] employers out of busi ness--either by requiring protective devices unavailable under existing technology or by making financial viability generally impossible." I.U.D. v. Hodgson, supra, at 467. Thus, the feasibility requirement can have two aspects--one technological and the other economic. BOR 004371 21 m '' ` ` \* 'It is clear that the regulated industry's ability to achieve feasibly a given requirement is a primary matter for consideration by the''Secretary which cannot-be ignored. : Thus if employers are unable to comply with a standard because of a lack of existing technology or an exorbitant cost which would drive them from the market, that standard is unlawful because it contravenes the dictates of the statute. Petitioners submit that this Court's examination of the Standard for occupational exposure to vinyl chloride and the bases on which it was finally promulgated will reveal that the, Secretary did no,,t. reach, the critical conclusions he has enunciated on the basis of the best available evidence taken from the record as a whole. Likewise it is submitted that the Secretary did not make rational findings or con clusions on the major technological feasibility or employee health issues hereinafter discussed and, hence, has prom ulgated a standard which is unlawful and invalid. BOR 004372 22 . \ ' II .. . THE RECORD BEING DEVOID OF A SCINTILLA OF EVIDENCE TO SUPPORT THE TECHNOLOGICAL FEASIBILITY OF'ACHIEVING THE EXPOSURE- LIMITS IN THE-VINYL .CHLORIDE STANDARD, THE REAL EFFECT OF ADOPTION OF THE STANDARD WILL BE TO COMPEL FULL-TIME USE OF RESPIRATORY PROTECTION BY THE WORK FORCE; THE ONLY EVIDENCE OF RECORD INDICATES THAT THIS RESULT WILL MAKE SAFE PLANT OPERATION TECHNOLOGICALLY INFEASIBLE AND BE DETRIMENTAL TO EMPLOYEE HEALTH. In promulgating a standard dealing with tpxic mate rials or harmful physical agents, the Secretary is required to set a standard which, to the extent feasible, most ade quately assures no employee will suffer impaired health or functional capacity. OSH'Act 6 (h)(5);' 29,,;U.S.`C. 655 (b) 05) ' (emphasis added). Feasibility in this sense must take into account the technological possibilities of achieving com pliance with a standard as well as any adverse impact on employee welfare that adoption of a standard might have. w I.U.D. v. Hodgson, supra, at 477-78. 16/ Daniel P. Boyd, Ph.D., Director of OSHA Office of Stan dards Development, defined feasibility in exactly the same terms during the June hearings: "Some commentors have asked what "feasible" means. Within the terms of this proposal, feasibility refers to both technological and economic considerations. On the one hand, does the technology exist that would allow the employer to achieve compliance and, on the other, what are the costs associated with the applica tion of these technologies. It is both proper and necessary that we consider these matters in our deliberations." JA 178. BOR 004373 23 'In the course of the fact finding process, the Secretary recognized the evidentiary importance of the feasibility issue and- directed, that .a ..special technological, and economic, feasibility study be conducted by Foster D. Snell Company to determine the technological and economic feasibility of com pliance with the original Proposed Permanent Standard and several other exposure levels intermediate between the pro posed "no detectable" and the Emergency Temporary Standard 17/ limit of 50 ppm as a ceiling exposure. With both the OSHA-commissioned Snell report and a plethora of industry evidence before him, all clearly in dicating that compliance with a 1 ppm level is not technolo gically feasible, the Secretary nevertheless concluded: "We also believe that PVC and VC estab lishments will, in time, be able to attain that level [1 ppm time weighted average (TWA)] through engineering controls, and that fabricators can do so in the immediate future." 18/ The Secretary candidly recognized "... that many em ployers covered by the Standard cannot currently achieve com pliance with permissible exposure limits solely by the use of feasible engineering and work practice controls," and "... agree[d] that the PVC establishments will not be able to X77--39 Fed. "Reg. 308'44 ancT39 Fed. Reg. 35890. 18/ 39 Fed. Reg. 35892. BOR 004374 24 attain a 1 ppm TWA level for all job classifications in the near future." **' `It is Respect fully- submitted, that in-discussing the. Snell Report alone, the Secretary summarized the evidence as showing that a 1 ppm standard for exposure to vinyl chloride cannot be feasibly attained, contrary to his "belief," by noting: "...the Snell study on technological feasi bility concluded that a 1 ppm ceiling is not feasible for the VC and PVC industries with present technology, but that the VC industry could currently attain lower exposure levels than the PVC industry. 20/ Ample evidence that compliance with a "no de'tectable*" level-, i.e. a level around 0-1 ppm, is technologically infeasible to achieve had already been introduced into the Record by 21/ industry spokesmen before the Snell Report confirmed that 19739 Fed. Reg. 35892-93. 20/ 39 Fed. Reg. 35892 21/ See, e.g., the statement of Anton Vittone of the B. F. Goodrich Company speaking for the Petitioner, SPI, JA 560, Joseph Fath, Tenneco Chemicals, JA 745, Richard Fleming, Air Products, JA 932-33, Karl Oelfke, Dow Chemical, USA, JA 1034-35, Harry E. Connors, Diamond Shamrock, JA 1318-19, John L. Nelson, B. F. Goodrich, JA 1381, Martin J. Kleinfeld, Uni royal, JA 1576, and Todd C. Walker, Firestone Plastics, JA 1668. Accord, Borden, Goodyear, Hooker, Pantasote, Stauffer, and Union Carbid'eTjA 2342, 2300, 2285, 2701, 2371 and 2422 , respectively. BOR 004375 25 a time weighted average (TWA) level around 10 ppm for the VC" industry and around 25 pom fbr the PVC industry was the'iowest 22/ exposure level feasible with presently available technology. This evidence has yet to be contradicted by even a scintilla of probative data leading to any other possible conclusion 23/ regarding realistically feasible exposure levels. From the foregoing, it cannot be said that the evi dence in the Record is uncertain or unclear as to'whether industry can feasibly reduce occupational exposure to VCH to the 0-1 ppm range. The OSHA consultant, Snell, and industry spokesmen must be considered as having provided the best available evidence on technological compliance since their input was based on actual engineering calculations and vo luminous expert opinion which is essentially uncontradicted on the Record. Nevertheless, the Secretary made his sub jective determination supported only by a statement that it is his "belief" that industry, with the development of new technology, engineering and work practices, will continue 22/ "Economic Impact Studies of the Effects of Proposed OSHA Standards For Vinyl Chloride," a report done by Foster D. Snell, Inc. under"OSHA Contract No. L/A 74167 (hereinafter referred to as the "Snell Report") JA 3683. 23/ As the Secretary did point out, however, the labor unions and the Health Research Group, neither of which had conducted any studies or professed expertise of any relevant type, "sug gested" that a 1 ppm ceiling level is attainable. 30 Fed. Reg. 35892. BOR 004376 26 -to make "great strides in reducing exposure levels." The inescapable fact is that there is no probative evidence to support the. Secretary' s.-determinations asv to. the.. technological feasibility of achieving compliance with the permissible exposure levels. The evidence clearly demonstrates that the Standard is simply beyond the compliance capabilities . ***, ... \ of the industry. Thus, the Secretary's decision on the per missible exposure limits lacks substantial evidentiary sup port in the Record, is unlawful, and should be declared in valid. The net effect of the Secretary's action in adopting the instant Standard will be to require that virtually all 24/ 39 Fed. Reg. 35892. The Secretary's confidence that in dustry can eventually reach the exposure levels he would re quire is sheer speculation in its worst form. The decision itself is contrary to all known facts and saddles those who suffer the brunt of the conjecture with the personal and economic cost of the Secretary's error. By speculating that his Standard can eventually be reached, the Secretary has put the VCM and PVC industry on a treadmill to oblivion with a continuous cycle of money for new engineering controls, new plans to attempt to further reduce exposure, more money for different--not necessarily better--engineering controls to attempt to further reduce exposure, ad infinitum. It should also be noted that the Secretary's opinion vacillates on the facts in issue. Specifically, he states that he "believes" that "in time" the industry can achieve compliance with the permitted levels (39 Fed. Reg. 35892) but that he is "...pre sently unable to determine when it will be feasible for most establishments to reduce exposure levels to the.permissible level," (39 Fed. Reg. 35894) "[n]or is it clear to what extent exposures can be feasibly reduced." (39 Fed. Reg. 35892). Yet industry will be expected to spend untold sums and search indefinitely to satisfy the Secretary's unfounded confidence that it can locate something akin to the Fountain of Youth. BOR 004377 27 'of the work force in a vinyl chloride or polyvinyl chloride plant be equipped with and actually use respiratory protective equipment on essentially, a full--time, basis. As indicated-in the Statement of the Case, it is clear that the Secretary never intended this result. Yet, the Record facts in the case lead inexorably to the conclusion that the Secretary's . rt*. .A permissible exposure limit concept is so clearly unachievable by industry that the only practical way to comply with the law will be by supplying respiratory equipment to every em ployee in a VCM and PVC plant. Moreover, it is likely that many of the workers will have to wear the respirators fulltime immediately after January 1, 1975. The Secretary expressed the hope that other methods of protection could be found and failed to address the real issue: Is it feasible to operate a plant at all if full time use of respirators is a prerequisite? The Secretary's allusion to the "many drawbacks" associated with the use of respirators does not begin to satisfy that requirement in the Department's own regulations which directs that a Stan dard be accompanied by a statement which "...will show the 25/ For example, one witness testified that, if the Proposed Permanent Standard were effectuated, "[w]e would have to place all operatingal and support personnel at our PVC manufactur ing sites in respirators all of the time" (emphasis added). JA 821. 004378 28 significant issues which have been faced, and will artic- n ,, .2 ulate the rationale for their solution." . The Secretary's ..failure, to .provide, anything more by way of explanation in a similar situation caused this Court to vacate another OSHA standard, saying "...we must insist on something more than an iPse dixit, now sought to be supported by references by - ,.'A [government] counsel...." Associated Industries, supra, at 354. See also, Automotive Parts & Accessories Association v. Boyd, 407 F.2d 330, 338 (D.C. Cir. 1968). The evidence of record lends no support to the view that such operation would be feasible or safe, even assuming an adequate work force, eligible and willing to function in respirators, can be secured. Indeed, the Record compels the 27/ opposite conclusion, i.e. that such operation is infeasible. Once it is recognized that the Secretary's decision on the permissible exposure limitations makes extensive use of respiratory equipment a practical necessity, regardless 26/29 C.F.R. 1911.18(b). 27/ In addition to the fact that the full-time use of res pirators violates good industrial hygiene practices, more than intermittent use is impractical because new and unneces sary safety problems are created, the work force tires from increased breathing effort and exertion expended in carrying air tanks or coils of air hose, and, typically, the employees tend to become "accident prone," and otherwise inefficient as a result of fatigue. JA 285, 293, 538, 722 F-G, 741, 822, 848-50, 964-65, and 1331-33. BOR 004379 29 of what the Secretary might have intended or now hopes or "believes," much greater attention must be: given'to .the 'testimony in- the -Record indicating, that very real, dangers of' an immediate nature are necessary concomitants to the use of 28/ such equipment. Firstly, respirators can, in and of them selves, create a safety hazard in work areas because of their bulk and, in some cases, the inherent nature of the ecuipment 29/ particularly where it is of the air line variety. Actually, all of the evidence indicates clearly that the use of res piratory equipment gives rise to serious health and safety considerations which might well be viewed as presenting more acute problems and warranting greater concern than exposure to very low levels of air contaminants. 2S/ The testimony of Hyatt '(JA 283 through 312), Soule (JA 722-G) and Dr. Tomashefski (JA 524 through 535) indicates that supplied air respiratory protection devices--that is, both self contained and air line types--are designed for and should be used only in situations that are immediately haz ardous or very hazardous to life, respectively, and that neither is appropriate for routine or day-to-day use. 29/ The specific safety hazards referred to by the expert witnesses are: as to the devices themselves--air contamina tion, device malfunction (e.g. failure or disconnection), and air source malfunction (e.g. shutdown); as to the use of the devices--tripping and falling over air lines, air line tangling (especially if line is of great length), kinking and shutting off air, mobility restriction, restricted sight (including fogging of the eyepieces), restricted hearing, and restricted voice communications. JA 312, 527, 528, 552, 715, 716, 740 and 794. BOR 004380 t - 30 - . That the use Of respiratory equipment can lead directly to severe injury is almost self-evident. This is particularly true where such equipment,must, be employed in complex indus trial manufacturing establishments. As a representative of Tenneco pointed out during the course of the OSHA Hearing, workers burdened with bulky breathing equipment or trailing long hoses can find themselves in serious jeopardy in a vinyl chloride facility which, typically, is "a multi-story opera tion [with] many catwalks or narrow passageways, stairwells, 30/ [and] moving machinery." Tenneco's representative had reason for being particularly impressed with the hazards in volved for he was aware that his company had had at least one employee fatality which occurred when a worker wearing breath ing apparatus connected to a lengthy air hose fell from a ladder due to the cumbersome nature of the respiratory equip- 31/ ment. Considerable industry testimony demonstrates that full-time use of respirators is impractical. All testimony on this topic indicated that respiratory protection devices 32/ were designed for short term'use, that is, 15 to 60 minutes. 307 JA 847-TiT. 31/ Id. 32/ See testimony of Edwin C. Hyatt (JA 298-303); Joseph A. Tomashefski, M.D. (JA 535-E and 539); Roger A. Strassburg, Ph.D. (JA 722-H); Paul Lobo, Ph.D. (JA 793); and Karl Oelfke (JA 1112) BOR 004381 31 Bvepn the government1 s witness in this area,- Mr. Edwin'C. Hyatt a recognized expert'in the'field, testified that no one could N . 33/ .work in a respirator effectively for long periods of time. Mr. Hyatt very forcefully noted that "[a]t best, any of these 34/ devices are [sic] an instrument of torture." In addition to the Hyatt testimony, the other evidence . ***. of record leaves no doubt but that a serious and properly directed evaluation of the risk-benefit ratio between res piratory protection and very low level vinyl chloride monomer exposure (e.g., the 10 ppm TWA, 25 ppm maximum recommended by the Snell Report) should have been undertaken by the Secre tary prior to the setting of an arbitrarily derived exposure limitation which would have the effect of mandating full-time use of respiratory protection. Were this done, at least the Court would be in a position to knov; that the Secretary had consciously balanced the admonitions given by experts such as Drs. Tomashefski and Soule against the taking of an action which would require, as a practical matter, the use of res piratory protection on a full-time basis. Dr. Tomashefski pointed out, for example, that even with respect to those who can wear respiratory protection, it being understood 337 JA 298". 34/ JA 303. BOR 004382 32 that somewhere in the neighborhood of 32% of the work popula tion should not wear such equipment under any circumstances 35/ because of chronic obstructive pulmonary disease,. .those who are forced to wear respirators will have difficulty be cause of "increased resistance to breathing, decreased efficiency of function, poor fit, leakage, false security, allergic reactions, irritation from perspiration and other particulate depositions, rebreathing, head space ventilation, poor vision, fogging of eye pieces, speech, psychological 36/ and contamination problems." The difficulties with respiratory equipment high lighted by Dr. Tomashefski and the other experts in this field are known to have led to serious accidents, particularly in industries where fire and explosion are the most common concerns. For example, an incident at a Diamond Shamrock PVC plant in Texas was widely reported in 1970. When a valve gasket failed, an operator immediately observed the potential hazard and loudly ordered all in sight to evacuate. Seconds later there was indeed a fire and explosion which led to the death of one worker and severe injury to several others. 35/ JA 532i 36/ JA 534. Roger W.` Strassburg, Ph.D., added the following to Dr. Tomashefski's list: headaches, inflamed facial glands, edema of the scalp, drying of the eyes and general skin ir ritation. JA 724-27. BOR 004383 33 Had either the vision, the hearing/ or the capability for verbal communication of the operator been impaired because ofthe use of respiratory equipment, or. had ..the mobility of the workers compelled to' evacuate been impeded, many more lives would certainly have been lost. Such incidents leave no doubt but that the virtual . ***, full-time wearing of respiratory protection which the Secre tary's action has now made a necessity can present serious threats to health and safety. Despite this fact, the Secre tary, still relying on his "belief" that respirators may not be required indefinitely, dismisses the subject with the cursory observation that the use of respiratory protection will only be "... inconvenient, may require additional per sonnel, interfere with production, or may require extensive 37/ retraining of employees and restructuring of work practices." Nothing is said about the employees that may have to be layed off or might become chronically ill because the full-time use of respirators will have been made mandatory as a prac tical matter. The point here is that the Secretary's decision does not give any assurance that the evidence of Record was weighed in the correct factual context. While the Secretary may have said that careful consideration was given to the 377 39 Fed. Reg. 35894. BOR 004384 34 inconvenience involved in respirator usage, the decision N , . ` *, does not reflect recognition that the usage might need to be'.constant so that, health , and operational-feasibility con- .. siderations needed to be weighed with this prospect in mind. Finally, the Secretary ignored the fact that it will be wholly impossible for industry to obtain a sufficient supply of the respiratory equipment now required if the Stan dard is allowed to become effective on January 1, 1975. A full explanation of this problem was presented to OSHA in the "Petition' for Stay of Effective Date of Standard" referred to, in the Statement of the Case in this brief. (A copy of the Petition is included herein as Appendix B.) By way of a brief recap of the said Petition, the main point is that because of the great demand and an in adequate supply, it is physically impossible for the VCM and PVC industries to equip themselves with an adequate number of approved respiratory protection devices by January 1, 1975 In fact, not only is the designated equipment not available in sufficient supply, many of the devices specified for use have not as yet and will not be approved by January 1, 1975; they may never be approved. Even if these approvals were in hand, a sufficient supply of the respiratory equipment re quired could not be made available to the industry in suf ficient time for it to comply with the Standard by its BOR 004385 35 38/ present effective date. NWith the breadth' of the application of the Standard' encompassing., fabricators, compounders the transportation . industry, and warehousing as well as the VCM and PVC manu facturers, the demand by industry at large for respiratory protective devices must be expected to escalate. Addition- ally, it is also certain that some parties regulated by the Standard, especially small firms, will not be able to afford to equip their employees with the required respiratory pro39/ tective devices. In summary, it is respectfully submitted, that despite the unrealistic and unfounded optimism expressed by the Secretary regarding anticipated engineering achievements the net effect of the Permanent Standard will be to require full-time use of respiratory equipment by the industry's work force. It is further submitted that the Secretary's failure to evaluate adequately either the feasibility of operations under these conditions, the availability of the respiratory equipment needed, or the impact on the health (or availability) of employees that full-time use of res pirators would entail, warrants reversal and reevaluation of the Secretary's action in adopting the Vinyl Chloride Standard. 38'/ Appendix B and attachments thereto. 39/ Id. BOR 004386 - 36 - III s THE'RECORD AS A''WHOLE' DOES ROT CONTAIN SUBSTANTIAL.EVIDENCE TO JUSTIFY APPLICATION OF THE .STANDARD TO FABRICATORS OR PROCESSORS OF .PVC RESIN, MANY OF WHICH WOULD'FIND IT ' ECONOMICALLY INFEASIBLE TO COMPLY. As to its scope, the Standard would apply to the manufacture, reaction, packaging, repackaging*,'* storage, handling or use of VCM or PVC and regulates access to areas where VCM concentrations are in excess of the permissible 40/ exposure limits. In explaining the scope of the Standard, the Secretary -points-out that the-industry is divided .-into three-.segments which include VCM production, PVC or polymer production, and fabrication. As to the fabrication of PVC, the Secretary points out that a variety of techniques are used to form a finished product and that this portion of the industry ac counts for the vast majority of employees whose employers range in size from those with a few employees to more sophis- 41/ ticated firms with larger work forces. Responding to an industry suggestion that PVC fab ricators, processors and the like be exempt from the Stan dard inasmuch as they are already regulated by the more 407 29 C.F.R. 1910.93q(a)(2) and (e); 39 Fed. Reg. 35896. 41/ 39 Fed. Reg. 35890. 004387 BOR 37 applicable clean air standards, and, further, because their^exposure to VCM was known to be minute and'controllable -by .existing engineering and work, practice ..controls , the . Sec retary responded that it would be imprudent to grant a blanket exemption for fabricators because the Record evidence shows that at least some employees in that segment of the industry may be exposed in excess of the 1 ppm permissible 43/ exposure level. The evidence of the Record shows that the fabricators and processors do not use VCM. They use only PVC resin and are, thus, in an inherently less susceptible position with regard to exposure. In fabricating and processing plants, the only potential exposure is from low levels of residual 44/ VCM present in the PVC. Because of this, PVC fabricators and processors have very low levels of exposure in their 427 29 C.F.R. 1910.93". 43/ 39 Fed. Reg. 35892. Acknowledging that most, if not all, fabricators currently have levels of 1 ppm over an 8 hour period or are capable of reaching the permitted exposure levels through known engineering controls in the immediate future, the Secretary nevertheless would include fabricators in this Standard and require them to conduct at least initial monitoring. 39 Fed. Reg. 35892-93. 44/ By means of explanation, when vinyl chloride is converted to polyvinyl chloride a very small portion of the vinyl chlo ride, that is, generally less than 0.1%, remains unreacted in the polyvinyl chloride. 04388 38 operations. In almost every case reported, the occupational . n' . ' . 45/ . exposure was less than 1 ppm. - ' In addition to- already inherently low exposure levels controllable by known engineering and work practices, this Standard confronts PVC fabricators and processors with a very serious economic feasibility problem. This segment of the industry is, in large part, composed of many smaller firms with few employees that, from a purely economic point of view, could not afford the costs of compliance with the Standard. The general increase in raw materials costs (an unavoidable result of this Standard), and the costs of monitoring, respiratory protection, medical surveillance and record keeping all mitigate against the likelihood that the bulk of this segment of the industry would be able to 46/ survive economically. 45/ Although many individual companies presented evidence that their fabrication operations had exposure levels below 1 ppm, the most comprehensive presentation on occupational exposure to VCM in this segment of the industry was pre sented in a block by five witnesses testifying for SPI, Messrs. Molinini, Beebe, Smith, Becker and Weaver. JA 4102 through 4176. In short, these reports, covering in excess of 70 plants where actual monitoring for vcm had been con ducted in the very short time available, demonstrated that less than 10 workers had exposures for any time period above 1 ppm. Nonetheless, in each case listed, average exposure was less than 1 ppm, i.e., less than 1 ppm for an 8 hour TWA. 46/ For example, on the one issue of the non-availability of PVC resin at a reasonable cost, the evidence is clear that PVC belting (used, e.g., as conveyor belting in coal mines), slush molded boots and a variety of other footware, medical (con't) BOR 004389 39 Also germane is the fact that no con-firmed cases of carcinogenicity related' to VCM have been found in PVC fab rication .and. processing, operations. Thus, the Secretary's decision to extend the scope of the Standard to polyvinyl chloride fabricators and processors is not founded on substantial evidence in the Record to show that it is economically feasible for this segment of the in dustry to achieve compliance with the Standard or'that fab rication and processing operations are in any way similar to or have exposures of the same nature as existing vinyl chlo ride and polyvinyl chloride manufacturing operations, nor that any hazard exists in this segment of the industry. In short, there is no evidence of a need to regulate these areas The Standard's scone also extends to cover the stor- 47/ age, handling and transportation of PVC. There is no evidence in the Record whatsoever to demonstrate that any hazard exists in ship, truck or rail transportation, ware housing or other handling of PVC. Despite the fact that 46/(con't) equipment, especially surgical tubing and blood bags, and joint sealing compound for airport runways, bridges and highways, among other items could no longer be produced and, since replacement materials are non-existant or scarce, these industries would, at the very least, suffer economic disaster if'not close down completely. JA 387, 515, 1351, 1642 and 2075. 47/ 29 C.F.R. 1910.93q (a) (2) and (e); 39 Fed. Reg. 35896. BOR 004390 40 no hazard has been shown or even alleged, the Standard as written puts a direct and undue burden on the secondary in dustries that service the.. VCM and PVC.manufacturers by pro- , viding transportation and storage. In other regulations promulgated by OSKA, materials containing small amounts of a carcinogenic material are ex- . **. ... empted from the application of regulations governing ex posure to them. Specifically, in the regulations governing exposure to the "14 carcinogens" the regulations do not apply to trans-shipment of those materials in sealed containers nor dp the regulations apply to liquid or solid mixtures containing less than from 1.0 to 0.1% of the carcinogenic 48/ substances. In viewing the suggestions by industry that VCM should be regulated in a manner comparable to the 14 carcinogens, the Secretary responded that the cases are not comparable. It is true that the cases of VCM and the "14 carcinogens" are not precisely comparable; the 14 carcinogens are materials that range from between 100 to 1000 times the carcinogenic 49/ potential of VCM. In this area, too, it is clear that the Secretary's decision was not based on substantial evidence in the Record; 187 29 C.fTr. 1910.93c through 1910.93p. 49/ JA 3975-76. BOR 004391 - 41 his views are also at variance with experience gained in establishing the Standards for the "14 carcinogens." This all bespeaks the type of arbitrary and capricious decision making which characterizes the instant case. More important/ these failings, like those previously discussed demonstrate the necessity and propriety for remanding this matter to the . ***. -* * Department of Labor with clear instructions to it to base its VCM Standard on facts supported by substantial evidence, feasibility and relevant precedents. BOR 004392 42 IV THE VINYL CHLORIDE STANDARD IS SO VAGUE AND INDEFINITE THAT IT VIOLATES THE CONSTITUTIONAL RIGHT TO DUE PROCESS AND FAILS TO COMPLY WITH THE REQUIREMENTS OF THE ACT As noted above, the Vinyl Chloride Standard is couched in the alternative: either an employer must reduce vinyl - *. .A chloride exposure to the permissible exposure limits of 1 ppm and 5 ppm or, in the alternative, the employer must provide respiratory protective equipment and at ,the same time reduce exposures to the greatest extent feasible as soon as feasible. This part of the Standard, 29 C.F.R. 1910.93q(f)(2), provides "Wherever feasible engineering and work practice controls which can be instituted immediately are not sufficient to reduce exposures to at or below the permissible exposure limit, they shall nonetheless be used to reduce exposures to the lowest . practicable level, and shall be supplemented by respiratory protection in accordance with paragraph (g) of this section. A program shall be established and implemented to reduce exposures to at or below the permis sible exposure limit, or to the greatest extent feasible, solely by means of engineer ing and work practice controls, as soon as feasible" (emphasis added). Since the permissible limit is unattainable, as a practical matter the only standard applicable to employers for the foreseeable future is the second alternative, to provide respiratory equipment and to reduce exposures to the lowest "practicable" level by "feasible" engineering and work practice controls. In direct contrast with the specific BOR 004393 43 and objective criteria established for compliance with the permissible- limit, this portion of the Standard is so vague .an^d, indefinite as to be violative of the Due Process Clause of the Fifth Amendment to the United States Constitution and the specific requirement contained in 6 (b)(5) of the Act, 29 U.S.C. 655(b)(5)/ that, whenever practicable, health and safety standards "...shall be expressed in terms of objective criteria...." The ambiguity inherent in this part of the Stan dard provides absolutely no guidance to employers and will necessarily result in confusion and uncertainty, not only with respect to the "feasible" methods which are required to * ' i* * * * . ' comply with the Standard, but also with respect to the ex posure levels sought to be achieved, for such levels are expressed only in terms of what may be the "lowest practic able" levels attainable. The due process guarantees of the Fifth and Fourteenth Amendments void all governmental attempts to regulate conduct where, as here, substantial penalties may be imposed for failure to comply with regulations, OSH Act 17; 29 U.S.C. * 666, which are so vague and indefinite as to leave the regulated parties uncertain as to the conduct prohibited, or which leave judicial and administrative officers free to de termine, without any definitely fixed standards, what is prohibited and what is not. Graccio v. Pennsylvania, 382 U.S. 399 (1966); Kraus & Bros, v. United States, 327 U.S. BOR 004394 44 614 (1946); United States v. L. Cohen Grocery Co., 255 U.S. 71 (19^21) . The objectivity requirement of 6(b) (5) .of. this Act, 29 U.S.C. 655(b) (5)/ was obviously designed to insure that any standards promulgated pursuant to the Act observe the well established principle that any statute or admin istrative regulation "...which either forbids or requires the doing of an act in terms so vague that men of common intelligence must necessarily guess at its meaning and differ as to its applica tion, violates the first essential of due process of law." Connallv v. General Const. Co., 269 U.S. 385, 391 (1926); Kraus & Bros, v. United States, supra. In..addition,. if arbitrary and discriminatory enforce ment of administrative regulations is to be prevented, regu lations must provide explicit standards for those who apply them. A vague regulation impermissibly delegates basic policy matters to those responsible for its enforcement for resolu tion on an ad hoc and subjective basis with the attendant dangers of arbitrary and discriminatory application. Graccio 50/ v, Pennsylvania, supra. By insisting on objective criteria whenever practicable, 56(b)(5) of the Act has the dual purpose 5(J7 Where First Amendment freedoms are not involved, a due process challenge of this kind is generally made by a con victed party and is usually limited to a review "on its face." See, Ashton v. Kentucky, 384 U.S. 195 (1966); United States v. National Dairy Products Corp., 372 U.S. 29 (1963); Stromberg v. California, 283 U.S. 359 (1931). The "Standard for Exposure to Vinyl Chloride" is presented to this Court for review under the authority of 6(f) of the Occupational Safety and Health Act, 29 U.S.C. 655(f). Therefore, the distinction between (con BOR 004395 - 45 of insuring that the Secretary observes the dictates of fun damental due process as well as requiring that the Secretary . ".....take .reasonable steps to enable the [Courts], .to- .carry, out the task [of meaningful judicial review] that Congress has imposed upon them." Associated Industries.supra, at 354. Despite these clear and well-established Constitutional and statutory requirements, the Secretary has promulgated a Standard which fails to meet the basic clarity and specificity requirements in two vital areas. First of all, the Standard contains absolutely no discernible criteria for an employer to use in determining what engineering controls and work practices required to be implemented are "feasible." Deter mination of "feasibility" is clearly a difficult matter, in volving as it does a balancing of many complex factors, in cluding, among others, worker safety, technological capability and economic cost. I.U.D. v. Hodgson, supra, at 477-78. Yet, this Standard does not in any way inform employers, employees, OSHA or the Courts how this balance is to be struck in any particular case. Secondly, the Standard also fails to set forth in definite terms the objective sought to be achieved through 50/ (con't) First Amendment and non-First Amendment cases is not relevant here. The Standard is here for review "on its face" pursuant to statutory authority to challenge "the validity of such standard." BOR 004396 46 the implementation of whatever "engineering controls and work practices may be feasible." The exposure levels for 'which' eirt^i'oyers must- ''strive*'in the absence of the 'ability1, to achieve the permissible limits are totally indeterminate and undefined, and an employer will never know that he has failed to reduce exposure levels in his plants to the "lowest practicable" levels until he is cited for violating the Standard. To confirm the lack of required objectivity in this portion of the Standard, the Court need only look to the Secretary's statement that "...any estimate as to the lowest feasible .level,.attainable must necessarily, involve .subjective., j.udg.-.. ... ' " 51/ ment." Thus, the Standard is deficient in that it does not provide any ascertainable and objective criteria by which an employer can determine if the engineering controls and work practices he has instituted are sufficient to comply with the Standard, or that the resulting exposure levels are the "lowest practicable" levels required by the Standard. In short, unless an employer has reduced vinyl chloride expo sure to the admittedly unattainable "permissible exposure limit" (1 ppm-5 ppm), he can have no assurance that he is not in violation of the Standard, no matter how strenuous- 517 39 Fed. Reg. 35892. BOR 004397 47 his efforts to comply. The Secretary has admitted this, sinceNhe also 'concedes''in the: preamble to the Standard that it is not clear "...to vjhat extent exposures can be feasibly 52/' ' ' -------- * '' ' reduced." Under similar circumstances, the Court of Appeals for the Sixth Circuit, in Chrysler Corp. v. Dep't of Trans- portation, 472 F,2d 659 (6th Cir. 1972), struck down a motor 52/ 39 Fed. Reg. 35892. Other examples of the type of ambiguity that is bound to lead to enforcement difficulty are the provisions in 1910.93q(e) and (g) of the Standard. It is difficult to believe that the Secretary intended the results these sections could bring into play. -....under. 1910..?3q.(a) (2)~."authpr;i..zed,,personnei." -are. .thjaa.. .. persons with a duty requiring them to enter a "regulated area," i.e. one where VCM concentrations exceed the permissible limit, and specific authorization from their employers to do so. In addition, entry is limited for purposes of life rescue when the atmospheric concentration of VCM is unknown or in excess of 36,000 ppm. 29 C.F.R. 1910.93q(g)(5). These two requirements, individually and in combination, effectively prevent emergency repairs. In the instance where an emergency, such as a broken valve or ruptured pipe, occurs, anyone who is not specifically authorized to enter or who has no duty to conduct emergency repairs is prohibited from entering and cannot take quick action to repair the damage. In the same instance, if the concentration of VCM is unknown or in excess of 36,000 ppm, authorized personnel may enter the area only for purposes of life rescue. They can help persons to escape but cannot take any preventive measures whatsoever. Again, quick action cannot be taken to repair the damage or otherwise reduce the hazard of fire or'explosion. Thus, a greater hazard than currently exists is created by the Standard's regulated area access and entry restrictions. This is patently ridiculous. V BOR 004398 48 Vehicle' safety standard.involving airbags as an alternative to passive restraints in automobiles.-' 'The manufacturers ' . there challenged the airbag, standard because the test pro-' `i cedure and the test device specified for measuring compliance with the standard were not sufficiently objective. The speci fication to be met there was set forth in objective terms, but there were several technical ambiguities as to the per missible flexibility in certain portions of the test procedure In vacating the standard the Court of Appeals rejected the use of subjective judgment, the very basis on which the Secretary proposes to proceed here, saying, at 675: "In the absence of objectively defined per formance requirements and test procedures, a manufacturer has no assurance that his own test results will be duplicated in tests conducted by the Agency. Accordingly, such objective criteria are absolutely necessary so that 'the question of whether there is compliance with the standard can be answered by objective measurement and without recourse to any subjective determination111 (emphasis added). . t+; ; A similar deficiency in a stationery source standard governing emissions from cement plants promulgated by the Environmental Protection Agency was sufficient to require reconsideration of the standard by the Agency in Portland Cement Association v. Ruckelshaus, 486 F,2d 375, 400-01 (D.C. Cir. 1973). The standard in question provided that partic ulate matter discharged from a kiln must not exceed "...10 percent opacity, except that where the presence of uncombined BOR 004399 * 49 .water,is.the only reason'for .failure to meet the requirements for tfM's subparagfaph...." .The'Court' refused to approve the standard because inspectors were unable to determine with any' reasonable degree of accuracy whether any particular level of emissions met the standard. Not only will the inherent vagueness of the Vinyl Chloride Standard leave employers in the dark as to what is expected of them, but the Standard invites arbitrary and dis criminatory enforcement on an ad hoc basis by the OSHA officer charged with determining compliance. As presently framed, the Standard will require those charged with responsibility for its enforcement to exercise extraordinary efforts to avoid contradictory enforcement since these officials have no more guidance on the application of the Standard than do employers. In effect, the Secretary has impermissibly del egated his responsibility to promulgate standards to the discretion of individual compliance officers scattered throughout the United States. Finally, the Secretary has acknowledged that any estimate as to the lowest exposure levels attainable "...must 53/ necessarily involve subjective judgment." The failure of the Standard to specify any criteria upon which such judgments might be based will prevent any meaningful judicial 537 39 Fed. Reg. 35892. BOR 004400 50 review of citations for violations of the Standard. The Standard must, therefore/ be- set aside-and the case . 'remanded to the Secretary to take' such actions" as may be necessary to enable employers and reviewing courts alike "...to carry out the task that Congress has imposed on them." Associated Industries, supra, at 354. ... ; vv`*. y * i , * ' > .e . BOR 004401 51 V "THE VINYL' CHLORIDE LABELING REQUIREMENTS FAIL TO COMPLY WITH THE REQUIREMENTS OF THE OCCUPATIONAL SAFETY AND HEALTH ACT AND ~ ` ARE, THEREFORE, UNLAWFUL' ' A. THE SECRETARY EXCEEDED HIS STATUTORY AUTHORITY IN THAT THE LABELING WHICH WOULD BE REQUIRED BY THE STANDARD DOES NOT ADEQUATELY INFORM EMPLOYEES AS REQUIRED BY THE OCCUPATIONAL SAFETY AND HEALTH ACT. *- . The Occupational Safety and Health Act of 1970 in dicates that any standard promulgated by the Secretary of Labor in the area of employee safety and health shall pre-. scribe the use of labels, as necessary, to insure that employees aire apprised of ail hazards to which they are exposed, all relevant symptoms, the appropriate emergency treatment, and the proper conditions and precautions of safe use or exposure. OSH Act 56(b)(7); 29 U.S.C. 5655(b)(7). The purpose of safety and health labeling is, therefore, instructive and requires reponsible, affirmative information about the actual danger and the methods of treatment and prevention. Here, the Secretary would require only an identification of the chemical, "vinyl chloride," and in- 54/ elusion of the words "Cancer-Suspect Agent." This type of labeling will not practically inform those working with VCM of the danger, the methods of work hazard prevention, or the treatment for any possible hazard that may arise. The 5T? 29 C.F.R. 51910.T3q(1); 39 Fed. Reg. 35898. BOR 004402 52 scare word "cancer" passes no constructive information to the' worker, tells an employee nothing about what the real danger is, how he may be -injured,, or .what. he * should .do to. prevent ,. . . injury. On the purpose of labeling, the Senate Committee Report stated: "Basically, the worker needs to have adequate advance knowledge of hazards in . order to protect himself from damaging exposures. He needs proper protective equipment and the information necessary to treat emergencies if they arise. He should not be economically coerced into a hazardous job. Since inadvertent ex posure to unknown products or processes "often'''Causes *severe- and immediate reactions the exposed worker must know what type of exposure he has suffered in oiler to use proper treatment. The worker especially needs this information in cases of toxic substances which have delayed or latent ill effects." - Sen. Rep. No. 91-1282, 91st Cong., 2d Sess. (1951); 3 U.S. Code Cong. & Admin. News (1970). The Occupational Safety and Health Act specifically instructs the Secretary to consider "...experience gained from this and other health and safety laws." OSH Act 86(b)(5); 29 U.S.C. 5655(b)(5). A review of the standards dealing with another car cinogen, asbestos fibers, indicates that the Secretary has not followed his own previous experience, in dealing with asbestos fibers, he did properly inform the employees of the actual danger and how to prevent health hazards. The BOR 004403 53 labeling specifications for asbestos fibers' are:- ' : ^ "caution--Contains Asbestos -Fibers Avoid Creating Dust Breathing Asbestos Dust May Cause` ' ' Serious ` Bodily- Harm.`55/ These asbestos labeling standards were challenged by the unions which proposed including the words "danger" or "warning" and making reference to particular health problems, such as cancer or asbestosis. The government argued, and the Court agreed, the language selected by the Secretary was proper. I.U.D. v. Hodgson, supra, at 484. It is on this basis that the plastics industry pro56/ pose4 alternative labeling, ip this case. .. . , The# following is a comparison of the labeling prescribed in the Standard and the industry proposal: (1) Entrances to regulated areas: Industry Proposal VINYL CHLORIDE VAPOR HAZARD USE ASSIGNED PROTECTIVE EQUIPMENT WHEN ALARM SIGNAL IS ACTIVATED WHEN SIGNAL IS ACTIVATED, DO NOT REMAIN IN ALARM AREA UNLESS YOUR WORK REQUIRES IT BREATHING EXCESSIVE QUANTITIES OF VINYL CHLORIDE VAPOR MAY BE HAZARDOUS TO YOUR HEALTH AUTHORIZED PERSONNEL ONLY 557 29 C.F.R. 1910.93a(g)(2). 56/ While it is true that the "14 carcinogens" (29 C.F.R. 1910.3c through 1910.93p) are required to employ cancer-type labeling for other than mixtures containing only low levels of the substances, this case is more analgous to that of asbestos, the "14 carcinogens" being substances that are from 100 to 1000 times more carcinogenic than vinyl chloride. JA 3975-76. BOR 004404 54 Secretary's Standard CANCER-SUSPECT AGENT AREA ' AUTHORIZED PERSONNEL ONLY (2) Aireas containing 'hazardous 'operations " Industry Proposal VINYL CHLORIDE VAPOR IN THIS AREA PROTECTIVE CLOTHING AND RESPIRATORS REQUIRED AUTHORIZED PERSONNEL ONLY Secretary's Standard CANCER-SUSPECT AGENT IN THIS AREA PROTECTIVE EQUIPMENT REQUIRED AUTHORIZED PERSONNEL ONLY (3) Containers of PVC resin waste from reactors: 4 * l'1',' , *i**" , . tV'<. f ` ', .***. ` , * tii *.< V"*, T '* Industry Proposal I* ^'1.', ''i VINYL CHLORIDE CONTAMINATED MATERIAL MAY BE HAZARDOUS TO YOUR HEALTH DISPOSE OF OR DECONTAMINATE USING ADEQUATE VENTILATION OR PROTECTIVE EQUIPMENT Secretary's Standard Contaminated with VINYL CHLORIDE CANCER-SUSPECT AGENT (4) Containers of PVC: Industry Proposal POLYVINYL CHLORIDE CAUTION CONTAINS VINYL CHLORIDE AVOID BREATHING VAPOR OR DUST CLOSED CONTAINERS OF POLYVINYL CHLORIDE MAY CONTAIN VAPOR LEVELS OF VINYL CHLORIDE WHICH MAY BE HAZARDOUS TO YOUR HEALTH OPEN ONLY IN WELL-VENTILATED AREAS OR WEAR RESPIRATORY PROTECTION BOR 004405 55 Secretary's Standard s ' ' POLYVINYL CHLORIDE (or trade Name)'' ' CONTAINS .. VINYL CHLORIDE . VINYL' CHLORIDE `IS'A CANCER-SUSPECT'AGilNT ...... .\ (5) Containers of Vinyl Chloride: Industry Proposal VINYL CHLORIDE DANGER EXTREMELY FLAMM-ABLE GAS UNDER PRESSURE AVOID CONTACT WITH LIQUID OR VAPOR UNLESS FULLY PROTECTED BY AUTHORIZED EQUIPMENT IN THE EVENT OF ACUTE EXPOSURE SEEK MEDICAL ASSISTANCE IMMEDIATELY ; . y-r Secretary's Standard ,s t. ..`v . VINYL CHLORIDE.'. EXTREMELY FLAMMABLE GAS UNDER PRESSURE CANCER-SUSPECT AGENT v .s"** A comparison of the type of labeling the industry recommended with the simplistic "scare headline" type pre scribed in the Secretary's Standard must inevitably lead to the conclusion that the former might aid an employee to deal with a hazard, while the latter would be of no help at all. It is, therefore, respectfully submitted that the labeling provisions in the Standard do not comport with either the spirit or express provisions in the enabling Statute, will accomplish only great mischief without concomitant benefit to the work force, and should, therefore, be declared in valid and unlawful. BOR 004406 B. THE,,SECRETARY EXCEEDED HIS'STATUTORY AUTHORITY AND ILLEGALLY USURPED .THAT. OF-ANOTHER .FEDERAL -DEPARTMENT BY ADOPTING THE LABELING PROVISIONS IN'THE STANDARD. In addition to the basic defect- discussed above, in promulgating the labeling requirements for vinyl chloride, the Secretary also failed to observe another important statutory limitation on the scope of his authority. Under the terms of the Act, the Secretary is explicitly.precluded from exercising power to govern working conditions of em ployees over which other federal agencies exercise statutory authority to prescribe or enforce standards or regulations :'af febtihcf: occupational: ' safety" and health'/' OSH; 'Act ST# (b)(1) ; 29 U.S.C. 5653(b)(1). In its report, the Senate Labor Committee highlighted this statutory limitation as follows: "...[I)t does not modify other Federal laws prescribing safety and health standards. The bill does not authorize the Secretary of Labor to assert authority under this bill over particular working conditions regarding which another federal agency exercises statutory authority to prescribe or enforce standards affecting occupational safety and health." Sen. Rep. No. 91-1282, 91st Cong. 2d Sess. (1970); 3 U.S. Code Cong. & Admin. News 5199 (1970). The labeling requirements in the Standard under re view here would control labeling on all containers of vinyl BOR 004407 57 57/ . . chloride and, thereby, apply to the transportation of VCM in interstate commerce. The Secretary would require either the' la-bel-V - - Vinyl Chloride Extremely Flammable Gas Under Pressure Cancer-rSuspect Agent or a label in accordance with Department of Transportation (DOT) Regulations, 49 C.F.R. 173.400, et seq., and the addi58/ tion of the words ''Cancer-Suspect Agent." The Secretary has clearly extended his Standard to the area of transportation labeling for VCM while recognizing that the field is occupied by^DOT. In fa.ct(,.DOT..has._ beeji v expressly authorized by Congress to formulate regulations for the safe transportation of hazardous materials, DOT Act; 49 U.S.C. 1655 (e)(4), and has extensive regulations for the labeling of VCM in transportation at 49 C.F.R. 172.5, 173.402(3), .404 and .407. If the Secretary of Labor is permitted to superimpose his Department's labeling preferences or desires wherever and whenever he chooses, this could adversely affect and disrupt the entire regulatory scheme of DOT in the standards it sets for hazardous substances in transportation. 577 29 C.F.R. 1910.93q(a) (3) and (1) (5); 39 Fed. Reg, 55896-98. 58/ 29 C.F.R. 1910.93q(l)(5); 39 Fed. Reg. 35898. BOR 004408 58 In exceeding his statutory authority to act only in non-regulated areas, and in infringing on already existing labeling, for .VCM, ..the .Secretary has,.promulgated .an unlawful . Standard in 29 C.F.R. 1910.93q(1). Thus, the labeling re quirements for VCM in containers must be held unlawful along with the other provisions heretofore discussed. * . BOR 004409 - 59 vi "CONCLUSION to promulgate a Standard based on the substantial evidence present in the Record, his failure to promulgate a technologically or economically feasible Standard, his failure to provide a sufficiently clear statement of proscribed conduct to inform those regulated of what they must do to comply, and his failure to provide for proper labeling, it is hereby urged that 29 C.F.R. 1910.93q be declared inoperative as unlawful and- 'invalid,and. .tha-.t this matter ,.b.a remanded..to.. the^pepart-r ment of Labor for further proceedings leading to action which would comport with the statutory requirements. Respectfully submitted. rome H. Heckman Keller and Heckman 1150 17th Street, N.W. Washington, D. C. 20036 Of Counsel: Attorneys for Petitioners Joseph E. Hadley peter Thomas Smith Keller and Heckman 1150 17th Street, N.W. Washington, D. C. 20036 BOR 004410 * / * r. j /., . * # * .*# V *-'* *#* *.t*, ** ****<M'*- ,*A *--** BOR 004411 APPENDIX BOR 004412 APPENDIX A Statutes and Rules V - ' - Index, r Page U.S. Constitution, 5th Amendment ........................................ A-l Occupational Safety and Health Act 29 U.S.C. 29 U.S.C. 29 U.S.C. 29 U.S.C. 29 U.S.C. 29 U.S.C. 49 U.S.C. 653 (b) (1)................................................A-2 654 (a) (1)................................................A-2 655 (b) (5)................................................A-2 655 (b) (7).................................................A-3 655 (f).......................................................... A-3 666 ...............................................................A-4 1655 (e) (4)................................................A-5 29 C.F.R. 1910.93......................................................A-6 . ....-29 C-F'.-R.' -.1910-i 93a<g)- f2):* *. 29 C.F.R. 1910.93c-p....................................................A-14 29 C.F.R. 1911.18(b)....................................................A-52 49 C.F.R. 49 C.F.R. 49 C.F.R. 49 C.F.R. 172.5..............................................................A-53 173.402 (3)....................................................A-54 173.404 .........................................................A-54 173.407 .........................................................A-54 ay Pertinent portions of the Federal Register and 29 C.F.R. 1910.93q, et seq. cited in this brief are contained in the Joint Appendix. BOR 004413 A-l I Arr^end. 5 constitution ., ITmUNDMENT V--CAPITAL CRIMES; DOUIiLE JEOI'ARU"' DY; SELF-INCKIMINATION; DUE- PROCESS; JUST COMPENSATION FOR PROPEllT^} CNo person shn.ll be held to answer for a capital, or otherwise infa mous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeop ardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensatidnTJ > -------- S < \ .* Bor 004414 A-2 29' 653 1 6 tiStt., tieogrnphlc applicability: Judicial enforcement; applicability to existing ktAmlniils; report to-Congress <in duplication aimI coordina tion of Federal laws; workmen's compensation law or common law or ItKtutoxx rights, duties,' or liabilities of employers and employees aneffected^ Nothing In this chapter shall apply to working conditions of tttptoyees with respect to which other Federal agencies, and State agendM acting under section 2021 of Title 42. exercise statutory authority to jrescribaor enforce standards or regulations affecting occupational safety if healthT} ' | 8 0o4. Dnt les of employers and employees I [tTT) Each employer-- 1 shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employee^l 29 655 v fT Standards--Promulgation hy Secretary of national consensus tffrtndanfs And t*stalilishc<l Feilcrul standards; tfiuo for promulgation; con* flicting standard^ r Procedure tor promulgation* modification, or revocation of standards hi The Secretary may by rule promulgate, modify, or invoke any occupational safety or health standard In the following raannej ITS) The Secretary, In promulgating standards dealing with toxic mi* telrfis or harmful physical agents under this subsection, shall set the standard which most adequately assures, to the extent feasible, on the basis of the best available evidence, that no employee wilt suffer material Impairment of health or functional capacity even tr such employee has regular exposure to the hazard dealt with by such standard for the period or his working life. Development of standards under this subsection shall bo based upon research, demonstrations, experlrae;.*s, and such other In- ' formation as may bo appropriate. In addition to the attainment of the; highest degree of health and safety protection for the employee, other- considerations shall be the latest available scientific data In the field, the- feasibility of the standards, and experience gained under this and other health and safely laws. Whenever practicable, the standard promulgated - shallJje expressed In terms of objective criteria and of the performance desired! '' ` ; BOH 0044X5 I A-3 w 29 .655 Any standard promulgated under this subsection shall prescribe the u/tTof labels or other .appropriate forms of warning as aro necessary to tasuro. that employees are apprised of all hazards to which they are ex- .. posed, relevant symptoms,and. appropriate; cme.rgon,cy treatment, and..prop- .i * ' er conditions and precautions of safe use or exposure. Where appropriate. . such standard shall also prescribe suitable protective equipment and con trol or technological procedures to be used In connection with such haz ards and shall provide for monitoring or measuring employee exposure at such locations and Intervals, and In such manner as may be necessary for tho protection of employees. In addition, where appropriate, any such standard shall prescribe the type and frequency of medical examinations or other tests which shall be made available, by the employer or at his cost, to employees exposed to such hazards in order to most effectively , determine whether the health of such employees is adversely affected by J such exposure. In the event such medical examinations are in the na ture of research, as determined by the Secretary of Health. Education, and Welfare, such examinations may be furnished at the expense of the Sec retary of Health, Education, and Welfare. The results of such examina tions or tests shall be furnished only to the Secretary or the Secretary of Health. Education, and Welfare, and, at the request of the employee, to. his physician. The Secretary, in consultation with the Secretary of Health. ' Education, and Welfare, may by rule promulgated pursuant to section 553 of Title 5. make appropriate modifications in the foregoing requirements relating to the use of labels or other forms of warning, monitoring or measuring, and medical examinations, as may be warranted by experience, information, or medical, or . technological., developments -acquired- subse-.- >.' " ' --c-j' X 'W"'-it* 'quent to the promulgation of tho relevant standard! Judicial rcvlew- Any person who may be adversely affected by a standard issued un it lis section may at any time prior to the sixtieth day after such stand ard is promulgated file a petition challenging the validity of such standard, with the United States court of appeals for the circuit wherein such per son resides or has his principal place of business, for a judicial review of such standard. A copy of the petition shall be forthwith transmitted by the clerk of tho court to the Secretary. The filing of such petition shall not, unless otherwise ordered by the court, operate as a stay of the standard. The determinations of the Secretary shall be conclush if sup ported by substantial evidence In the record considered as a whol . / / BOR 004416 A-4 .1 29 666 * t Any employer who willfully or repeatedly violates the- require- ; ments of section 654 of this title, any standard, rule, or order promul gated- pursuant to section 655 of this title, or regulations prescribed pur- suant-.Lo.this chapter, may, he .assessed a civil penalty .of .not more than JIO.000 for each violation,. " " (b) Any employer who has received a citation for'a serious 'violation ) of the requirements of section 654 of this title, of any standard, rule, or j order promulgated pursuant to section 655 of this title, or of any regu- lations prescribed pursuant to this chapter, shall be assessed a civil pen- Valty of up to J1.000 for each such violation. (c) Any employer who has received a citation for a violation of the / requirements of section 654 of this title, of any standard, rule, or order \ promulgated pursuant to section 655 of this title, or of regulations pre- scribed pursuant to this chapter, and such violation is specifically deter- mined not to be of a serious nature, may be assessed a civil penalty of ' Up to J 1,000 for each such violation. * (d) Any employer who fails to correct a violation for which a citation ' has been issued under section 653(a) of this title within the period per- mitted for Us correction (which period shall not begin to run-untll the date of the final order of the Commission in the case of any review pro- ^ ceeding under section $59 of this title initiated by the employer In good ;,- faith and not solely for delay or avoidance of penalties), may be assessed i a civil penalty of not more than 51,000 for each day during which such * failure or violation continues. Any employer who willfully violates any standard, rule, or order ulg&ted-pursuant to sect ton 655-of- -this title, qr of-apy Regulations. .... prescribed pursuant to this chapter, and that violation caused death to any employee, shall, upon conviction, be punished by a fine of not more than J10.000 or by imprisonment for not more than six months, or by both; except that if the conviction is for a violation committed after a first conviction of such person, punishment shall be by a fine of not rno^u than J20.000 or by imprisonment for not more than one year, or by bothj (f) Any person who gives advance notice of any inspection to be con ducted under this chapter, without authority from the Secretary or his ' designees, shall, upon conviction, be punished by a fine of not more than $1,000 or by imprisonment for not more than six months, or by both. (g) Whoever knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document . filed or required to be maintained pursuant to this chapter shall, upon -conviction, be punished by a fine of not more than 510,000. or by impris onment for not more than six months, or by both. (h) Any employer who violates any of the posting requirements, as prescribed under the provisions of this chapter, shall be assessed a civil penalty of up to J 1,000 for each violation. (1) The Commission shall have authority to assess all civil penalties provided in this section, giving due consideration to the appropriateness of the penalty with respect to the size of the business of the employer ` being charged, the gravity of the violation, the good faith of the employ er, and the history of previous violations. (j) For purposes of this section, a serious violation shall be deemed .to exist in a place of employment if there is a substantial probability that death or serious physical harm could result from a condition which exists, or from one or more practices, means, methods, operations, or processes which have been adopted or are in use, in such place of em ployment unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the violation. t (k) Civil penalties owed under this chapter shall he paid to the Secre tary for deposit into the Treasury of the United States and shall accrue to the United States and may he recovered in a civil action in the name of the United States brought in the United States district court tor the district where the violation is^jUleged to have occurred or where the employer has. its principal otficcTj --------- Bor ,, ...__ _ 004417 / A-5 4? 1655 1 I I I r Transfer of functions--Cowers and ilutlcs of tlx* Secretary .of Cqnunrrco and other offices-ami officers of the, Di-|wuttncnt of Coinhierco relating to highways, ground transportation generally, aircraft, pilotage, and traffic and highway safety gcnernl7y"\ , Coni IIIrrer Comml.wl.in; function*, Power*, nud ilntlSu, rhlnllwir tomifety rt|iplturirt<i iiit',1 rnuti>ttieiit ,m rnifroinl `rnifliirs rintl cars, pri'ln-tlnn if CDtplujers mill (rm tier*. Inmr* f sen lee, nicitul* for lirroUm, cxplu* Ivrn iiml other ilonaernu* article*. *iiin.lnril time zone* uu<l UiiyllKlit nv. Inff tlmci snfclr of o|iert)(lou nmi rttuipmrfic IL There are hereby transferred to and vested in the Secretary all fi lions, powers, and duties of I It e Interstate Commerce Commission, and of the Chairman, members, officers, and offices thereof, under-^ E?> the following provisions of law relating generally to explosives and other dangerous articles: Sections 831-835 of Title 1 g t -ia' v / BOR 004418 / A-6 ; <: (,^1 * .- (subparf G--Occupational He^Jih and Environmental Control \ [ ] 010.93 Air contaminants. An employee's exposure to any mate rial listed in table 0-1. G-2, or G-3 of this section shall be limited in accord ance with the requirements of the follow ing paragraphs of this section. (a) Table G-l: (1) Materials with names preceded by "C"--Ceiling Values. An employee's ex posure to any material in table G-l, the name of which is preceded by a "C" (e.g., C Boron trifluoride), shall at no time exceed the ceiling value given for that material in the table. (2) Other materials--8-hour time weighted averages. An employee's expo sure to any material in table G-l, the name of which is not preceded by "C", In any 8-hour work shift of a 40-hour work^ week, shall not exceed the 8-hour time .' weighted average given for that material ' In the table. (b) Table G-2: (1) 8hour time weighted averages, ha' employee's exposure . to any material listed in table G-2. In any 8-hour work shift of a 40-hour work week, shall not exceed the 8-hour time weighted average limit given for'that material In the table.' . (2) Acceptable ceiling concentrations. An employee's exposure to a material listed in table G-2 shall not exceed at any time during an 8-hour shift the ac ceptable ceiling concentration limit given for the material in the table, except for a time period, and up to a concentration not exceeding the maximum duration and concentration allowed in the column under "acceptable maximum peak above the acceptable ceiling concentration for an 8-hour shift". (3) Example. During an 8-hour work shift, an employee may be exposed to a concentration of Benzene above 25 p.p,m, (but never above 50 p.p.m.) only for s maximum period cf 10 minutes. Such exposure must be compensated by expo sures to concentrations less than 10 p.p.m. so that the cumulative exposure for the entire 8-hour work shift does not exceed a weighted average of 10 p.p.m. (g) .Table G-3:. An cmployce's-expo-.. sure t*0 any material listed in table G-3, ~ in any 8-hour work shift of a 40-hour work week, shall not exceed the 8-hour time weighted average limit given for that material in the table. (d) Computation formulae: (1) d) Tire cumulative exposure for an 8-hour work shift shall be computed as follows: =C7.+Ct7+ . . . c.r. where: 8 E is the equivalent exposure lor the work ing shut. C Is the concentration during any period of time T where the concentration remains constant. 7 is the duration in hours of the exposure at the concentration C. The value of E shall not exceed the 8* hour time weighted average limit in table G-l, G-2, or G-3 for the material involved. (il) To illustrate the formula pre scribed in subdivision (i> of this subpara graph. note that isoamyl acetate has an 8-hour time weighted average limit of v*> . bob. 004419 A-7 ; Chapter XVII--Occupational Safety and Health Admin. $ 1910.93 100 p.p.m. (table G-l). Assume that an employee Is subject to the following ' exposure-: - . Two hours exposure at ISO p.p.m. Two hours exposure at 75 p.p.m. Four hours exposure at SO p.p.m. 'Substituting this information ini the formula, we have scribed in this section. Any equipment and/or technical measures used fpr this purpose must be approved for each par ticular use by a competent industrial hygienist or other technically qualified person..Whenever respirators are used, -their \i3e-shall; comply with 11310.134: Tabic G-l 2 X150+2 x 75 + 4 X SO --------------------------------------=81.25 p.pan. Substance p.p.m.* 8 Since 81.25 p.p.m. is less than 100 p.p.m., the 8-hour time weighted average limit, the exposure is acceptable. (2) (1) In case of a mixture of air con taminants an employer shall compute the equivalent exposure as follows: c, c, c. A cetaldMivde............ Aci*mc acid.......................... .......... Acetic anhydride......... .......... Aci'toni"................................ .......... Acetonitrile..,.... ............. .......... Acetylene dichloride. see 1 Dicliloroeihylme........... Arrtvlfiie tcirabromlde.. .......... Acrolein,............................ . Acrylnmldo-- Skin........... Acrylonilril*--Skm................. 2no 10 5 l.oon 40 1 0.1 20 E. = 1 + ... -- A Hi In--Skin.................... . L, L, I** Where: E. is the equivalent exposure for the Ally! tltohoJ--Skin...................... Allvl chhindf................... . *#C AllylelyfWyi mIht (AtE). Ally) prof> 1 disulfide............... 1 lit 2 mixture. 2*AimnocMittM>l sre Ethanol* C is the concentration of a particular con taminant. L Is the exposure limit for that contami nmiuc......................................... ? A imnnpyrldinp..,.....,...... Aimnniilji................................. Ammonium sulfamatc (Am* 0.5 50 nant, from table 0-1, G-2, or G-3. mate)..*.................. . n*Amy| acetate.................. inn The value of E. shall not exceed unity Jpc-Amvl nrrtale................. . Aniiim-- Skin................................ 125 5 . .*, ...-... - .<'-+.. * AAi**littf io,-p*on;eiM (in To illustrate the formula pre AnMn*nny ami compounds scribed In subdivision (1) of this subparagraph. consider the following <n Si*)....................................................... ANTU (alpha naphthyl thiourea)...,................ ................... ....... exposures: Arsenic and compounds (as AS). ArMne................. .................. ....... * A*mplicwmrthyl--fkln........ 0.05 Aeliinl emi* ccntrutiou of 5-lumr exposure 8-liotir lima wpiclucd nverafie eiposure limit Ilirium (soluble compound*).. |vU#Mironuhinne, see (Jumonc.. Itmrnyl prrrttidti. Hcn&yl chlorUb*............. Jliplwiyl, seo Diphenyl.............. Itkphenol A* sco DIplyddyl t Acftnuo (Table 0-1).,..... 600 p.p.m... 1,000 p.p.m. 2-nutmion* CTaMo G-l)... 45 p.p.m.... 2tw p.p.m. Tolutn# (Tabic G-2)............ 40 p.p.m.... 200 p.p.m. Substituting in the formula, we have: ether....................... . Poron nslde.................... C llnron trlltuorldc...... Urnmlno....................... ................. llromnform--Skin,................ .. llutodicne (I. 3-butiidlrnr)..... Hutnnethtol, sec Hutyl mer i o. t 0.5 1,000 500 45 40 1,000 200 200 E=0.500+0.225+0.200 > E.=0.925 . Since E. is less than unity (1). the oxpo sure combination is within acceptable limits. : (c) To achieve compliance with para graph (a) through (d) of this section, administrative or engineering controls captan................... . 2-Hufanone. .....................- - - * ** 2-Butoiy ethanol (Hutyl CM* IotoItc)--Pkln........................ Hu*v| nemte (n-buty! acetate). jtfc.nuiyl acetate............ tert-Hutyi nertate...................... Tltitvl denhnl................ .. jtre-Iluivl alcohol........................ .. terl-flutyl alrnhol.............. C llutyhmme--Skin..*........ . C tcrt-ltutvl chromate (us c*rO|l--Skin....................... . n-liutvl clycidM ether (HUE).. Hutyl mercaptan.............. p-lftt- Hut ylloluene..................... 2W 50 1W1 2t 200 100 1V1 1U0 5 5100 10 must first be determined and imple mented whenever feasible. When such controls are not feasible to achieve full compliance, protective equipment or any other protective measures shall be used Calcium afC|,natc................. . ratcium oxide.................. . Camphor............. .. CaM-aryl <&)--*............. * r.iHmn Mu k....... . Corlton dmstdo............ 5. OK) Carlwn mniwido......... 50 to keep the exposure of employees to air CMordftilO-- Skill................. contaminants within the limits pre Set footnotes at end of table. 300 25 20 2,400 70 14 a 25 0.3 45 05.25 3 45 12 35 15 523 G30 *19-M- as 0.3 as `as a2 as 15 3 a? 5 2,200 590 210 710 o.V) 950 30Q 450 300 15 e.t 270 35 00 1 5 5 3.5 9,000 55 as BOR 00442Q A-8 $ 1910.93 Title. 29--Labor TinLe G-l--Continued TAOLfc G-l--Continued Sukntanco p.p.m.* mc./M* * Substanco p.p.ui.* mp./M* Chlorinated cam phene-- .cfcfn.... Chlnriunled di^nco> l oil(ic..;... 'Chlorine/..;..................... Chlorine dioxide................ C Chlorine iriliuornlo. C ChlnroaertaMchyde.......... 0*Chloro:ire|n|thrttnMe fphennrylehiorlrie).................... 0.1 0.1 1 0.03 Chlorotoentcna (monochloro* hentrhe)............................ . 0*CliU>rohenry||f|ino 73 inalnnonitrtlc (OCBM)......... Chliirohrmimmethnne.......... a-Chlorn-l.Mimadlene, sco Chlornpreno..___ ............. 0.03 200 Chlorodiphenyl (<12 percent Chlorine)-Skin.............. Chlormlli'hcnyl (W percent Cldonm*) -Skin.,., .................. I-Chlnm.2,3-ennxy propane, ?m Epichlorhydrin......................... 2<(*hloroefhnnol, sea Ethy Icnc ehhirnhydrln.*............. Chloroelhylpiio, seo Vinyl chloride.,.,.,.,,............ C Chloroform (tricldoro* methane)....... ........... . 30 I-Chloro*l*n|trnpropane........ CltlnfoiMrrjn........ . 20 0.1 ChlnroPrene (2-chlufo-l,3- butadiene)--Skin............. Chromium. <o|, rhronttc. 25 chroinniK <r\ll5 u* Cr......... Mvtal and ImVjI. salts.......... Coal tar nifeh.Trjl-'XlJlc* , 141 ieneunluMe fraction) anthra-' cene. Mat*, phennnthrene. acridine, chrysene, pyrene...,. Cobalt. metal fume and dust.... Copfu f fume................................ , Dusts and Mists.................... . Colton dust (raw)........... ........., Crnrlh herbicide...... .......... Ctesnl (nil Isomers)--Skill...... CrotonnMrhydc................... . Cumene--Pkln............. .. S 2 30 Cyanide (as CN)--Skin............ Cyelohesrme................................. Cycloiiesanol,.................. Cytlnheinttoiic................. *30o" .VI 30 Cyclnhetetie.......... 300 Cyclopcntadlene......................... 75 2. 4-1).............................................. . DDT-Skin........... ....................... . DDVl't s*e plehlorvns..-.......... Decahomne- Skin.............. a 03 Demeton^)-Skln.......................... Dlicetnne alcohol (4-hydroiy* <-me thy l.l-pentunoiic)........ l,2*dhunliineth;nr, See 30 Kthylenedtjmhic.................. Plvoniethane....................... .. 02 Dllmraiie......... ............................. n. I 1 Utility Iphthalate. *................... . C iK I liettlornheiizrne................... r-I Melilnndwiifene....................... >!rhlnfft>llflnorn'nrth:me........... 1,3*1 )lchlnrc*5,3-dlmrt hyI 1,u,:Vs nyuiiniinn............------- 1,1 *1 >ichl*niet ha*ie.............. . 1*0 l,2mDiehlnrm*t hvh*ne,.. . ..... Jim C Dichlntnetliyl ether--Skin-- 13 ])|ellnrnnieih:ne, jre l>(r|iliriinnitiflu#>nuireth'ine.. i.nio C 1.1 -1 Mdilnrn-l-uitrne(hnne.... 10 |^-l)lc^ll1ruprn|all. sea I'rnpylninllcli'itiMe ................ ....... D!chhif<>tetniniorf>'Ui:ur...... 1,000 l>lclilu(. (IJOVI'I-Skin......... See font notea At end of table. 0.3 V ' a3 0.4 3 0-3 330 0.4 1,030 as 240 10a0 7 90 0.3 1 0.2 ai ai 1 1 15 22 a 245 3 l.Ott coo 2<4> 1,013 200 10 1 ......aV ai 240 a4 at 5 w t.'fl 4.US0 4*1 T'O DO 4.2tn CO 7,000 DleMiln-Skm................................... . 0.23 1 lAmhre.-. A.. *" , -73' ph'thyl milno etiianftl--Skin... 10 30 Dl< thy let her, see Ethyl ether.................. . Diflunrcidlhrnnmmct ham*....... 100 C DUrlyctdvi ether (DUE)........ 0.3 600 2.8 DthxdinxylumKCTie. see Hvilrrv'uu'.one,..................................... .. Dhsohuiyl keimir........................ 36 2?*5 Diisopmpylamlne-Skln....... 5 20 D<7ti*k(hn\vmcttume, $re Methyl,il................... .......................................... Dimethyl acetamide--Skin*___ 10 35 Dlmcthyluinine........... 10 18 Dlmethy kimlnoheuzcne, see X>lldei\............... ..................................... Dlmethy ljnlllne(N-dlincthyl anilmi)-- Skin............................ 5 25 Dhncthylheiuenc. see Xylene........... Dlnii'thy 1 l,2-dd>rnnio-2.2-dl- Chlnrovthyl phosphate, (Pibrmn)..... .............. ...................... . 3 Dlnn-thylfnrmami'le-Skln..... 10 30 2tfrDlmetliyllii |inmm', See DilsnUityl k^nne... ................... IJ-DImethylliyilrtiinc--Skin... 0. 5 I Dlmrthylphthjlate. ..................................... . Dimethy Ixulf.ue^Skln........... 1 5 5- Dlnltuibenzt'tic (nil isomers) -- Skin................................................................... 1* Dltiilnwo-cn sol--SUn.......... .................. PhilUfitohiHir -Skin...................................... . 0.2 1.5.. phu.mc (l)lctiiyknc dWiide)-- skin........................ li>) 3oq ; 1,, . ^.......... . ,,'r A.t -y. .. **4. DlphenylineOiane diloeyanaie (i**e M*thyiene Mtphrnyl isocyanate (MDI)...... ......... ........................ Dipropytcne glycol methyl ether--Skin.......... Dl *'*. octyl phihalnte (I)t<2> 100 1s .....etliylhexylpiuhalate)........ . Endrtn- Skin................................. i.? Eplchlorhvilrin--Skin.......... KPN --Skin..................................................... w a*' 1,2'Epntvpfnp.ane, sc* lkrnpy|enens1<|e................ . 2,3-Epoty-l-propnnol, see Clvridol............................ .......................... Ethnm'ihloi. VC Ethylrner* c-.ifitan,................................ F.th.innDtnintf....... . 3 t. f 2-Kthoxyethimol--Skin . ..... 21*) :<o 2*Kthosyrthylacctate (Cello* solve ncvtatej-'Skhi.......... WO M# T Ethyl acetate................... 4nn Ethyl acryd.ite--Skin........ "4 J'.ihvl nlcfihol (ethanol)........ 1,0^ 'Ifn"o .3( 1.000 EthyUittUue................................. Ethyl sec-nnyl ketone (> Id " :i iiiethyl-.Vh'M'fanoup).....___ Ethyl hettrene............ 25 100 si Ethyl hroniMe................ 2W Ethyl Inity I ketotn' <3> l|rp|i|it|ipl........... -V) no s Elhvl chh.riile............................... Ethyl * ther............................... Ethvl formate,*. ........................ 4i I'n I.W" v 1,3(0 '.* jno ; C Ethyl merrnpnn......___ _ W a Kitiyl llictite.......................... Kih'. true f)i)nrhyilflri--Skin.. 1*** 5 10 F.tliylemihMnine........................ Klhvh iir (hhrnitmle. see 1.2* Id ".1 Ditfmnnrtli:irr .... ................................ F.thy Ivtie ihfltliHidr, see 1,2- lrtchloim*thaiii>...................... .................- C ElhvleitP irlvcnl ihnitiate arni ot Niti'edyceun Skin... Kthylcne jrlvml nmn'mtethyl <0.2 .ll etlwr neetate. se Methyl crllusolve acewte............................ . S,, fool noil'll nt rnil of t-'bln. ',U ", BOR 004421 / A-9 Chapter XVII--Occupational Safety and Health Admin. 5 1910.93 TaRM! G-l--CnnUniH-fl Substanco p.p.m* ng /.'!** Tlhykne Imlue--Skin......... 0.5 Ethyli mi* oxi*h...................... 50 pthylidhie rbknhh*, sec hi*' - iMpliUifnelhniiP,................ K'Kthylinorpholine--Skin.. :o Kfrli.iiti................... . Fcrrovuiiaditim dust............ Fluoride (ns K),....... ................. Fluorine,.................... .... .............. at Fluorfltrlchhtnmirlliniic. * ........ 1,000 Formic ncid........... 5 Furfural- Skiti..................... .... 5 Furfur)! alcohol.................. . 50 (Jl)cldnl Jtyrponpl nmiionli)m...-.t.h..y.l..e..t.h.e..r., seo 60 2-Eihoivclhunol............ Guthhm , sec Axittphos- Meptacldnr--Skin,,........... . Kept,`imp (iidieptani*).................. 500 tUxarhloroPtlmne--Skin............ 1 l|pinchlnrminpliilmleuc~Skm..... Hexane (it-hmauc)............. 500 2-llexAwme.......................... . 100 Iletnuc (Methyl Uobutyl ketone)................................... m pe-llriyl acetal,........................ 50 Hydr.vine--Skin............ . 1 iJydncrti bromide., 5 C Hydrogen rhlnilde........... . 5 Hydttvrn cvrmide--Skin........ . 10 Hydrmrcn |M-ro^Ml<* (9u%)......... 1 Hydn>t;**u sHi'mdo.............. 0.05 Iron oxhlo futne...........___ ... tHtmyl acetate................. 1*1 Ivttmyl alenhnl.................... loo tiohutvi acetate,................ 150 hohutyl alcohol................... ]00 - Isophoronc.................................... 23 , Ivpropyl teetnte......................... 230 |oprppyl nlenhol............... 4U0 ]opfnpvl3iiunp.............. ........... .. 5 . Isnpropvlolhcr............ ........... . SOU ' luiprnpyl Clyridyl ether (ICE). 60 . Knrnr............................................ as ' Lead arsenate.......................... . ' Unduno--Skin..... ......................... . Lithium hydiidp..................... L.P.Q. (liquified petroleum - ca<).............................................. 1.000 Macnedum oxide (umc......... .. Malnthion--Skin............................ ..............., Mal*lc mthydrido................ . 0.25 C Mnncano*e.................................. ........... Mfeltyi ntlde.................................. 25 llettianethlnl, see Methyl mercaptan......... ............. .................... Methotvelilor................................ . J*Metho<yethnnol, set Methyl ;' tflMvr................................ *; Methyl acetate........ ................... 200 Methyl *r*fvlptic (propxmc),... 1,000 ' Methyl ocetvlpMepropadone mixture (MAI'I*)...................... l.ono Methyl AervlntP--Skill........... 10 MfthrkUhhuiethoxvnieih'ine).. 1,000 Uethvl nlcfihrd (niethanul)....** 2uq . Methytamlne................... 10 Methyl rtinvl n|eohfl, fee Mfthvj Ixohiitvl mrl|m,L................ Methyl (it *ni\l) ketone (2lUpt.XilAlif.)........... J00 C Methvl hroMj.df*--Skin......... 20 Methyl hnt\| kcs-Mie. *te 2- * IlMinmtc......................................... . Methyl cethuftlrp-- Skin........ 75 Mtlhyl celK-olve acetate--fckiu 25 See footnote* at cod of table. i 90 >5 , 1 15 0.2 5. COO 9 20 200 160 0.5 0.5 2,000 10 0.2 1,600 <10 <10 300 1.3 in 7 n 1.4 0.2 * 1 to 325 300 700 3no 1441 950 050 12 2, wo 240 as a is a* a 035 1,600 15 15 1 5 100 15 rto 1,050 l,Br4 .15 3,100 200 12 <05 60 SO 120 Tau/.e G-l--Continued Substance p.p.m,* ftiC./M* * Mnhvl ohInropwin.............. Mot hylryolhbp* oriPi*,*^- f .-il -- Mpthv)oy:lohe`x.HM'U........... o-Mrth> |rvdohfxanone-ckln.. Mcth) l ethyl ketone (MEKl), 3M 1.0<10 300. . . * - i nnft' 100 470 100 <co . Methvl formate......................... . Methyl iodide ~ 5km.......... . Mettiyl bohulvl cnrhhiol--Skin. Methyl ixobutyl ketone, sea llexoiu*............. ................. Methvl isoevnuate --Skin....... O Methyl iiiorrnptnn*........... Methyl mclharrvhila___ ....... Methyl prnpyl kelouo, *eo 2* io<> 5 25 0.02 in too 230 2ft 100 0.05 20 410 C a Methyl styrene......... 100 440 C Meihvhnp biphenyl l\< vfviirnc (M ........... ao2 0.3 Molybdenum: Soluble compound*............ 5 Insoluble compound*....... . 15 Monomctliyl mil line--Skin..... 2 9 C Monomethyl hydrazine-- Skin............................................. n.3 0.34 Mofph*h no--Skin.............. 30 70 Naphtha (i-callar)........................ l<n) , 400 Naphthalene.,.,............ . in 50 Nickel clrhrmvl......... ............. . a ooi a 007 Nickel, metal and soluble 1 0.5 Nitric an'l..................................... 3 5 Nitric iixidc.............................. 2.4 30 P-Niirmuuluie--Skip..,....,..,, ,1,. NllroiU'Wrcuc^Skrrr.... ___ V ' -I w r-I''' > p- N it roc h(nrntonuna--Skin..... 1 Nltrocflmiip...*................ 100 310 Nitrogen dioxMp__ ............ 5 0 Nliwrcn trlduwl'lc..................... 10 Nltroflvrcnn--Skill................. 0.2 7 Nitrmnpthnne..,........................ inn * 24n l*N`itrnriff.pttne,............. 2-N it rmrnpone.............................. 24 23 90 no NilfotnhiPiip--Skin............. s 30 Nltrotrlchlormneihane, sea Chlnroplcrjn,............ .................. Oriocldorouaphthaieno--Skin... 0.1 Optone. ................................ 500 2.340 'Oil mist, mineral..................... *6 Osmium ictroxhio.............. . a 002 Oxalic arid........................ . i Oxyfpu duluoiidc................... 0.05 0.1 Ozone,, ...................................... ai 0.2 Vara'iunt--Skin.............................. 0.3 Farallnon--skin................. . ai l Fpidultornne..................... '........... a 005 0.01 Fcntachjnronaphlhalene--Skin.. 0.6 )*pntachlf>rophctioi--Skin......... ___ ....... 0.5 l'CHianc........................................ l.too 2.040 2-Ppnlanono................ 200 70U pcrrhlnfmiicihyl mrrtaptuii___ ai 0.6 Ferrhloryl Hunrifle....................... 3 13.6 Tctodeum ill.dilhtcx (n.iphlha). 500 2.0141 J'henol- 5km.................. 5 19 jvI'IipiivHip riiarnine--Skill..... 0.1 Phrnxd ether fwiporl.........--... lMirnvl ethcrhi|hciiyl 1 7 mix lure (vapor).,.. -......... 1 7 rhpnvh*lhvl**iie, ee 5lx*fene..,.. Phciiylelvi idvlclhcr (PtlEJ... 10 CQ I'hruylhydnrifie--Skin__ ___ _ 5 23 IMiMwIrni (Mcvmphus )-- Skin....................... ........... . ai l'lucccnc (c.rl.miyl chh,rl-lc|... o. 1 0.4 |ih'>*ph|ii**.. _____ ______ _____ _ 0.3 a4 rhmbhr.rsr nd'l........................... i I'lifrtpItmiP (velloxrl..................... Ph#i*t'hri* i-r iachlon-lc,...... i'hr*|*h.MI.< |*ei f.culprit*......... Ph'f*phoi u< trtchlonde......... _ as r' 3a11 * Set footnote* at end of table. BOR 004422 4 A-10 51910.93 Title 29--Labor ' I' Table G-l--Continued Taulb G-l--Continued Substance p,p.m." mg./M1 * Substance p.p.m.* mg./Ua Phthalic anhydride.....*....,.. 2 12 Picricadd--Sk-in.....r................ . at : pi ml Qo (id'ivalyM.O* IndandtMK*}......................... Q. 1 Platinum (Sglublc Salts) as |*t..................................................... 0. 002 ProfVirRyi ilcohol--Skin,....... ti`Prn|iyl acetate....... ............. * Propyl Alcohol............ . n-Propyl nitrate,.--............... rropylcne dichloride.......... l.mn1 2iO 23 75 ............. i.ono 640 509 no 350 Propylene inline--bkln___ .... 2 5 Propylene ox Ido............... too 240 Propyne, see Mcthylaectyleiio. Pyrctnmra.................................. .............. 5 pyridine....................... ............... 3 Quinone........... . a 1 0.4 KUX-Skln................................ L6 Rhodium, Metal fume and dusts, as Kh............................. 0.1 Soluble salts................. . Runnel.......................................... Rotenone (cnmmcrflal)............ Selenium com pound* (a$Se)... Selenium hexafluoride............... 0.03 0.001 106 a2 a4 Sliver, metal and soluble com- pound*.......,...................... Sodium fluoroticeULc (1Q&0)-- Skin.......................................... . Sodium hydroxide................ . Stlblne........................ Stoddard solvent................ 0.1 600 Strychnine............... ............................ . `.Sulfur dioxide;..s**.......,.**,. s* >... Sulfur hexafluoride..................... 1,000 0.01 0.03 2 as 2.050 a aoo1o3 w Pulluiiexnd................................ *.................. Sulfur mnnortiioridf............. I Sulfur pentafluoride..................... 0 025 6 a 25 Sulfuryl fluoride....... .................... 6 20 Systox, see Demcton ........... 2.4.3T.............................................. Tantalum.................. ........... TKI>P--Skin................................ Tcllucmm................................. . Telloi ium hexafluoride......... TKPP--Skin................................. C Terphenyls,...,............ . 1.1.1.2-Te troch loro*2,2-d ifl u oro> rihanr......................................... a 02 500 10 5 0.2 0.1 a2 0.05 9 4,170 lll,2.2>Tetrachloro-]^*difluoro* ethane.,................. .................... 1.1.2.2-Tetrachlnrnethanc- Skin 600 5 4*170 95 Tetrachloroi*thylciie, sec Ter* chlornt'thylenf....................... . Tetrudihiroturihnne, see Carbon tetrachloride................ ........................... Telraehloronapnt helene--Sk in.*.............. Tetraethyl lead (ns l*l)~Skiu................... Tetrahydrnfuran .......................... 200 2 0.075 500 Tetmnietliyl lend (at Pl>)-- Skin.............................................................. . Tetrnmethyl succinonlinlo--- 0l07 Skin--......................................... 0t Tetranltminethnne............... . #Tetryl -dM.lVpinitiotriwiyh, methyinUmmiw)--Skin.*... Tti.iHuiin (soluhli* coin* Poumls)<-skm as T1......... . Thu am......................................... Tin tinnignnic empds, except oxides............. ............. Tin (oieanic empds)............... C To)wne-iM-d; isocyanate.... o*TnIuidinc-- Sk in.................... . TuXiiphruf, see Chlorinated eamphene,................. . 0 02 5 Trlluityl phosphate............... 1,1.1-TricMoroeihnnc seo Methvi chloroform............... 1,1,2-Trichloroethane--Skin..... 10 Titmilumiliotlilc.............................. Trtchloronieihanc, ice Chloto- form............................................... . Trlrhloronaphtha'enc--Skin...... l.I.J-Trtcliloropropor.e................. 50 l,1.2-Trich!era 1,2,2-tnllucroethane.............. 1.099 Trlethx lainlne.,,......................... 25 Trlfluoroinonahromomcthone... 1.PJ0 2,4.6-Itlnitrophenol, see Picric tcM 2,4,6-TrlnltrophcnvimcUiyl- nltromino, see Teir>l............. . Trinitrotoluene--t-kln. Trlonhecrwivi phosphate....... Triphenyl phosphate........... Turpentine...................... . 100 Urutiurn (solublecompounds). 'Uranium fiiiKdOtilawmpounds).1.`J. C Vanadium: VjO* dust............................. ......................... VyO* fume,*.................. *........................... . Vinyl ttenzeno, see Stymie.... **C Vlnvl chloride...,............... 500 Vlnylcyanide, set Acrylonitrile, Vinyl toluene,................. . Wirfarln....................................... 1(0 Xylene, (xylol)................. Xylldino--Skin......... .................. pm 3 Yttrium.................... ................. Zinc chloride funio............. Zinc oxhIo fumo.......................... Zirconium compounds (as Z.r)., L$ 0.1 5 2 at an 22 45 15 5 300 7,600 100 6.100 1.3 0.1 3 500 . 0.05.. ' 0.25* aasi l.JOO 46f0t. 2S 1 *1970 Addition, Parts of vanor or fm per million port* of contami nated air hy volume at .'5* (J. and 7i*u nun. llg pressure. Approximate milligrams of particulatt per cubic meter of air. (No footnote "e" Is used to avoid confusion with ceiling value notations.) An atmospheric cimrentration of not more than 0.02 p.p.m.. or personal protection may bt necessary 10 avoid headache. At sampled hy method that docs not collect vapor. / Kur control of general room eir, biologic monitoring, is essential lor personnel control. BOR 004423 A-ll i- Chapter XVII--Occupational Safety and Health Admin. Tadic Q-2 . 5 1910.93 Mtterlal 4-hour t!m* wcithted s'vcrtgo Arrrpffllile entitle concentration Acceptable niithnum perils apore the ncccpralde ccihntr canccntralion lor au 8-hour shift, Concentration. '' Xlsimitirhduration Btmrne (Z37.4-19C9)........................................ 10 p.p.m.24 p.p.m.......................... .. 40 p.p.m_______ 10 minutes. . ' Beryllium end beryllium conipoundi 2jij./M*................4 UC./.M*..................24ng./M*..................30m)nutei. , (7.37.;!'-1970). .: Cediulutn lumr (7.37.4-1971))........................... 0.1 mg./M'....... 3 mg.,0.11...................................... . i Cedmlum du't (Z37.4-I97n).......................... 0.2 mp./M*........... 00 ir.R./Mi.............................................. i?- Csrban disulfide (7.37.3-1WV)....................... 20 p.p.m_____ _ 3dp.p.m............. lOOp.p.m............ Do. V . Csrboolotrochlortdo(Z37.17-1907)......... 10 p.p.m...____ 24p.p.ai_________ 200p.p.m............ 4 minute; In ony 4 hours. Elhylens dibromide (737.31-1970).. 20p.p.m________30p.p.m________ 40 p.p.m______... 6minute;. Ethylene dtehloride (Z37.21-190W. 40 p.pja.............. lOOp.p.m..._____ 20dp.p.ro.......... .. 4 minutes In i sny 3 hours. Formaldehyde (7.37.10-1907)............ ............ 3p.p.m________ 4p.p.m............. .. lOp.p.m..............30minutes. ~ Hydrogen fluoride (7.37.23-1909)........... ____ do.................................................................................... ' Fluoride ai dust (Z37.23-19i/J)...................... 2.4mg./M*............................................................................ Lad snd Its Inorganic compounds (Z37.U- 0.2mg./M>............................................................................. " 1909). tlilhyl chloride (Z37.14-19C9)....................... . lOOp.p.m........ 200p.p.ro................ 300p.p.m............5minutes In ony 3 hours, . Methylene Chloride (Z37.3-1909).................. 400 p.p.m____ 1,000 p.p.m..___ _ 2,000 p.p.m......... 4 minute; In sny 2 hours. - Orjtno (ntkyl) mercury (Z37.39-1969). 0.01 mgJSt 0 Ot insJM >............................................ ' Styrene (Z37.14-1969).............................. lOOp.p.m..... 200p.pjo................ 600 p.p.m............imlnute.* In ony 3 hours. .- Trichloroethylene (Z37.19-1907).................... ____do.._ ............ do....................... 300 p.p.m............4 minutes In any 2 hours. Tetrechlornetliylene (Z37.22-1967)................ ,....do________ ____ do_________________ do_____ ____ 4nitnuiasln tiny 3 hours. Toluene <Z37.I2-IW!7)................. 200 p.p.m____ 300 p.p.m................ 400 p.p.m............ in minute.;. Hydrogen tulQde (Z37-2-19C6)., ............. .............. 20p.pju... 40 p.p.m_______ _ 10 minute; once V v*`.. r; ; *- . - ... v. *- .F * 7 other mrttur* *LU upouirt occur*. Mercury (ZJ7.S-I971)...................................... ___________1 WCeAOM ................................ Chromic odd ond chromates (7.37.7-1971)., e*te*ee>eeeo**<>eee*dO ^eee*eeeeeeaeeee.ueeeVeTe,v . . J BOR 004424 air, as determined by tL, method pre-'Th A-12 . scribed in paragraph (c) of this section.`<v J- (cl Methods of .compliance--(1) En.~ :->*,, gineering methods. (1) Engineering con- * trots. Engineering controls, such as, but not limited to, isolation, enclosure, ex- haust ventilation, and dust collection,'*^ shall be used to meet the exposure limits prescribed in paragraph' (b) of ,, this section, - _ .' (11) Local exhaustr ventilation.' la) Local exhaust ventilation and dust col-*/ * lection systems shall be designed, con- 'structed. installed, and maintained In:. * accordance with the American National - Standard Fundamentals Governing the..'. . .Design and Operation of Local Exhaust *. Systems. ANSI' Z9.2-1971, which is* lh-' .. corporatcd by reference herein. * ' ;'i- (b) See i 1910.6 concerning the avail- '* ability of ANSI' Z9.2-1971. and the maintenance of a historic file in connec tion therewith. The address of the Amer ican National Standards Institute`is given in 3 1910.100. (ill) Particular tools. All hand-op erated and power-operated tools which may produce or release asbestos fibers in excess of the exposure limits pre scribed in paragraph <b) of this section, such as. but not limited to, saws, scorers, abrasive wheels, and drills, shall be pro- . . vided with local exhaust ventilation sys tems in accordance with subdivision (ID ' of this subparagraph. (2) Work practices--(1) Wet methods. Insofar as practicable, asbestos shall be ' : handled, mixed,- applied, removed, cut, ... scored, or otherwise worked in a wet state sufficient to prevent the emission Of airborne fibers in excess of the ex- ' rposure'1 limits prescribed in paragraph (b) of this section, unless the usefulness of the product would be diminished . thereby. XtinM^M^oTy '-'- *r (li> Particular products and opera tions. No asbestos cement, mortar, coat (a) Definitions, For the purpose of ing, grout, plaster, or similar material this section, (l) "Asbestos" includes containing- asbestos shall be removed ,`chiysotlle, amosite, crocldolitc, tremo- from bags, cartons, or-other containers ute, onthophyfiltc. and actlnolite. .In which they are shipped, without being , (2) "Asbestos libers" means asbestos 'fibers longer than 5 micrometers. (b) Permissible exposure to airborne ' concentrations o/ asbestos fibers--<1) Standard effective July 7, 1372, The 8-hour time-weighted average airborne concentrations of asbestos fibers to which any employee may be exposed - shall not exceed five fibers, longer than 5 micrometers, per cubic centimeter of .air. as determined by the method pre. scribed in paragraph (e) of this section. (2> Standard effective July 1, 1976, /either wetted, or enclosed, or ventilated so as to prevent effectively the release of " airborne asbestos fibers in excess of the limits prescribed In paragraph (b) of - this section. ' '< (iii) Spraying, demolition, or removal. . Employees engaged in the spraying of asbestos, the removal, or demolition of pipes, structures, or equipment covered or insulated with asbestos, and In the ' removal or demolition of asbestos in-; sulatlon or coverings shall be provided , with respiratory equipment in accord- . ance with paragraph (d) (2) (ill) of this .The 8-hour time-weighted average air section and with special clothing in ac borne concentrations of asbestos fibers cordance with paragraph (d) (3) of this to which any employee may be exposed shall not exceed two fibers, longer than section. <d> Personal protective equipment-- 5 micrometers, per cubic centimeter of (1) Compliance with the exposure limits air, as determined by the method pre prescribed by paragraph (b) of this sec scribed in paragraph (e> of this section. <3) Ceiling concentration. No em ployee shall be exposed at any time to 'airborne 'concentrations of asbestos fibers in excess of 10 fibers, longer than tion may not be achieved by the use of respirators or shift rotation of em ployees, except: (1) During the time period necessary. to install the engineering controls and to institute the work practices required 5 micrometers, per cubic centimeter of by paragraph (c) of this section; ,.. .. ' \. i* * * '. fiOBUt *EGISI*,..VOl. 39, NO. 125--THUMDAV, JUNE 27, 1*74 * *. .. . ..... f............................................ * *--* ... . . .*.. . '- . . . ` . .rSi'"-'.VV . *.: ",t* V;!' ' * BOR 004425 .y ,* Jl . RULES AND REGULATION. -V V ' (U) Id work situations in wiuch the . (c) Nq employee shall be assigned to `' <2) Personal monitoring--(i) Sahi methods prescribed In paragraph (c) of tasks requiring the use of respirators if, pies shall be collected from within th > this section are either technically not based upon his most recent examination, breathing zone of the employees, oi .feasible or feasible to an extent insuftt- ' an examining physician determines that membrane filters of 0.8 micrometer po ' cleat to reduce the airborne concentre* the employee will be unable to lunction roslty mounted in an open-face flite `tlons of asbestos fibers below the limits normally wearing a respirator, or that holder. Samples shall be taken for th, prescribed by paragraph (b) of this the safety or health of the employee or determination of the 8-hour time- section: or > - * other employees will be impaired by his- weighted average airborne concentra (111) In emergencies. .use of a respirator. Such employee shall tions and of the ceiling concentrations o: (lv) Where both respirators and per be rotated to another job or given the asbestos fibers. . * , - sonnel rotation are allowed by subdivl? opportunity to transfer to a different po-, (11) Sampling frequency and patterns slons (1). (it) .Sir (ill) of-this subpara sition whose' duties he is able to perform After the initial determinations requirec graph. and both are practicable, person- with the same employer, in the same geo- by subparagraph (1) of this paragraph nel rotation shall be preferred and used. empirical area and with the same senior samples shall be Of such, frequency ant (2) Where a respirator is permitted by subparagraph -i 1) of this pOracraph. lt , ity, status, and rate of pay he ''prior to such transfer, if such' a had just different - pattern as- to accuracy the represent-Wlth reasoifabk levels of exposure of em- shall be selected from among those ap proved by the Bureau of Mines. Departmeat of the Interior, or the National In. stitute for Occupational Safety and position is available, : . ployees. In no case shall the sampling bt (3) Special clothing: The employer done at intervals greater than 6 months shall provide, and require the use of, spe for employees whose exposure to asbestos cial clothing, such as coveralls or similar may reasonably be foreseen to exceed .Health, Department of Health, Educa- whole body clothing, head coverings, the limits prescribed by paragraph (b> tlon, and Welfare, under the provisions of '30 CFR Part 11 (37 F.R. 6244. Mar. 25, 1972), and shall be used in accordance .withsubdivisions (i),~(ii), (111), and (lv) gloves, and foot coverings for any em of this section. ployee , exposed to airborne concentra (3) Environmental monitoring--(1) tions of asbestos fibers, which exceed the samples shall be collected from areas oi ceiling level prescribed in paragraph (b) , a work environment which are represent- Of this subparagraph. - , of this section. ' ative of the airborne concentrations oi (1) Air purifying respirators. A reusa ble or single use air purifying respirator, or a respirator described In subdivision . (11) or (ill) of this subparagraph, shall be used to reduce the concentrations of 1' airborne asbestos fibers in the respirator below the exposure limits prescribed in .paragraph (b) of this section, when the . celling or the 8-hour time-weighted averiage airborne concentrations of asbestos "fibers are reasonably expected to exceed 'no more than 10 times those limits. (11) Powered, air purifying respirators. . A . full.-facepiece powered air-puxl'iyihg' respirator, or a powered air purifying . respirator, or a respirator described in subdivision (ill) of this subparagraph, shall be used to reduce the concentra.. Uons of airborne asbestos fibers in the respirator below the exposure limits pre scribed in paragraph (b) of this section, when the ceiling or the 8-hour tlme weighted average concentrations of asbestos fibers are reasonably expected to exceed 10.times, but not 100 times, those limits. (ill) Type "C" supplied-air respirators, continuous flow or pressure-demand class. A type "C** continuous flow or pres sure-demand, supplied-air respirator shall be used to reduce the concentra-. tlons of airborne asbestos fibers in the respirator below the exposure limits pre scribed In paragraph (b) of this section, .when the celling or the 8-hour time- (4) Change rooms: (i) At any fixed place of employment exposed to airborne concentrations of asbestos fibers in ex cess of the exposure limits prescribed in paragraph (b) of this section, the em ployer shall provide change rooms for . employees working regularly at the place. (ii) Clothes lockers: The employer shall provide two separate lockers or con tainers for each employee, so separated or isolated as to prevent contamination of the employee's street clothes from his work clothes. -<Ui>. Laundering: XaY'Laundering of asbestos contaminated clothing shall be done so as to prevent the release of air borne asbestos fibers in excess of the ex posure limits prescribed In paragraph (b) of this section. (b) Any employer who gives asbestoscontaminated clothing to another person for laundering shall inform such person of the requirement in (a) of this subdi vision to effectively prevent the release of airborne asbestos fibers In excess of the exposure limits prescribed in para graph- (b) of this section. (c) Contaminated clothing shall he transported in sealed impermeable bags, or other closed. Impermeable containers, and labeled in accordance with para graph (g) of this section. (e) Method of measurement. All de terminations of airborne concentrations of asbestos fibers shall be made by the asbestos fibers which may reach the breathing zone of employees. Samples shall be collected on a membrane filter of 0.8 micrometer porosity mounted in an open-face filter holder. Samples shall be taken for the determination of the 8hour time-weighted average airborne concentrations and of the ceiling con centrations of asbestos fibers. (ii1 Sampling frequency and patterns. After the initial determinations required by subparagraph (1) of this paragraph, samples shall.be of . such .frequency and pattern as to represent with reasonable accuracy the levels of exposure of the employees. In no case shall sampling be at intervals greater than 6 months for employees whoso exposures to asbestos may reasonably be foreseen to exceed the exposure limits prescribed in para graph (b) of this section. (4) Employee observation of monitor ing. Affected employees, or their rep resentatives, shall be given a reasonable `opportunity to observe any .monitoring required by this paragraph and shall have acreps to the records thereof. Caution signs and labels. (1) Cau tion sign?] (i) Posting, Caution signs shall be provided and displayed at each location where airborne concentrations of asbestos fibers may be in excess of the exposure limits prescribed in paragraph (b) of this section. Signs shall be posted at such a distance from such a location so that an employee may read the signs weighted average airborne concentra membrane filter method at 400-450 X and take necessary protective steps be tions of asbestos fibers are reasonably (magnification) (4 millimeter objective) fore entering the area marked by the expected to exceed 100 times those limits. with phase contrast illumination. signs. Signs shall be posted at all ap ' (lv) Establishment of a respirator pro- "(f) Monitoring--(1) Initial determi proaches to areas containing excessive ' gram, (a) The employer shall establish nations. Within 6 months of the publi concentrations of- airborne . asbestos a respirator program In accordance with cation of this section, every employer fibers. the requirements of the American Na shall cause every place of employment. (ii) Sign specifications. The warning tional Standards Practices for Resplra- where asbestos fibers are released to be signs required by subdivision (i> of this . tory Protection, ANSI Z88.2-1259, which monitored in such a way as to determine subparagraph shall conform to the re , is Incorporated by reference herein. whether every employee's exposure to quirements of 20" x 14" vertical format (b) See S 1910.6 concerning the avail asbestos fibers is below the limits pre signs specified hi S 1910.145(d)(4), and ability of ANSI Z88.2-1969 and the main scribed in paragraph (b> of this sec to this subdivision. The signs shall dis tenance of an historic file in connection tion. If the limits arc exceeded, the em play the following legend in the lower therewith. The address of the American ployer shall immediately undertake a panel, with letter sizes and styles of a ' National Standards Institute Is given In compliance program in accordance with visibility at least equal to that specified f 1910.100. .,* paragraph (c) of this section. in this subdivision. ...' FEDERAL REGISTER, VOL 39, NO. 125--THURSOAY, JUNE 27, 1974 BOR 004426 .. . A-14 ' .; I, ' .'ft -l--*.'l V . ' #&/*.."::h $&*--V~''V'-K* *r RULES AND REGULATIONS *- 'frf&Vic!-.235-15,.. # .' * .* * * v iM'- ~ I TrJ Sabeetoe________ --.. , . 'Notation - , .. . n - i.-, paragraph;' tVhfch - indicates- the - em- to the Assistant Secretary of Labor'for, ' . I" Sana Serif, ployee's own exposure to asbestos fibers. Occupational Safety and Health, the t ...`,' ** * ,.J. Gothlo or Block. Jjf bust' HfcZArf. l" Sane Serif, ` s&r' ' - * ....... ' ' Cotnio Block. or '.^Aeold Breathing Duet... "A" Gothic.' i'-^'Wear Assigned protective %" Gothic. (3) Employee notification. Any em Director of NIOSH. to authorized physi ployee found to have been exposed at any cians and medical consultants of either time to airborne concentrations of asbes of them, and. upon the request of an em* tos fibers in excess of the limits pre ployce or former employee, to his physi scribed in paragraph (b) of this section cian. Any physician who- conducts a shall be notified in writing of the expo-, medical examination required .by this Equipment. - sure as soon as practicable but not later paragraph shall furnish to the employer l\j Do Not Remain in Area i/4" Gothic. - .: than. 5 days of the finding. The employee of the examined employee all the Infor . .J^.Unleae Tour WorlcBe- .5,r?5" quires It. *)"Breathing Asbestos Dust '11 point Gothic. May Bo Hazardous To. , . ' ;3,Your Health. . .... . shall' also' be timely notified of the cor rective action being taken. , (j) Medical 'examinations--(IV Gen e. ral.. The employer shall proride or make . mation specifically required b7 this paragraph, and any other medical in formation related to occupational exposure to asbestos fibers. . v.4V>,oii'VVt'V-.4f 'available at his cost, medical examina- i910.93b ' Coal tar pilch volatiles; in. - thi yin-J jy equal to the height of the upper of any .^XtEttllnes. iVc, 1(2) Caution labels--(1) Labeling. CaujfrtlKTiabels shall be affixed to all raw -Artmaterials, mixtures, scrap, waste, debris. /"Stand other products containing asbestos `^fibers, or to their containers, except that : .w>`no label is required where asbestos fibers i^have been modified by a bonding agent, tions relative to exposure to asbestos renqiu1ijrrewdl hbyirtth.hisispmarraagmranphh. - - (2) Prcplacement. The employer shall provide or make available to each of his employees, within 30 calendar days fol-` lowing his first employment in an occupation exposed to airborne con centrations of asbestos fibers, a compre hensive medical examination, which shall. Include, as a minimum, a chest roent . Icrprclation of term. ... - As used in 1910.93 (Table G-l), coal tar pitch volatiles include the fused poly cyclic hydrocarbons which . volatilize from the distillation. residues of coal,- petroleum, wood, and other organic mat- . ter. ..... (Sec. 8(g), 84 stat. lfiOO, 29 UH.C. 657) ! 137-' FR 24749, NOV. 21,1972] ^^.coatlng, binder, or other material so that genogram (posterior-anterior 14 x 17 |Ti9I0.93c ' 4-NitrobiphcnyI, ' - `^during any reasonably foreseeable use, inches), a history to elicit- symptom handling, storage, disposal, processing, or a__to_l_o_g_y - o__f resp_ir_a_t_o_r_y d__is_e_a_s_e, and ^'transportation, no airborne concentra- - pulmonary - function tests to include ' S',tions of asbestos fibers in excess of the forced vital capacity <rvc) and forced . exposure limits prescribed in paragraph expiratory volume at 1 second (FEVi,.). /ig<W of this section will be released. (3) Annual examinations. On or be- ;SV - (11) Label specifications. The caution lore January 31. 1973, and at least an- labels required by subdivision d) of this nually thereafter, every employer shall. (a) Scope and application.' (1)' This section applies. to any areas; In which---- 4-Nitroblphenyl, Chemleal /Abstracts Service Registry Number 92933 is manu-i factured. processed, repackaged, re leased, handled, or stored, but shall notapply to trans-shipment In sealed con-tainers, except for the labeling require-'' Xjsubparagraph shall be printed in letters-provide, or make available, comprehen- ments under paragraphs (e) (2), (3), and: 'S'of sufficient size and contrast as to be sive medical examinations to each of his (4) of this section... 5'.'readily visible and legible. The label shall employees engaged In occupations ex- (2) This section shall not apply to y-state- ' .... '!**' -'`'cauii'oK ~7 '1~" posed to airborne concentrations of as-: ' ' "bestos fibers. Shch annual examination . solld.orjiquid -mixtures. containing less ; than 0.1 percent by. weight or .volume of: contains Asb*i Fiber.. ' Avoid Creating Dust ` r51o1e41n11tgteonco,ugdraem* "(poasterior-anteriaor c1h4esxt 17 Inches), a history to elicit symptom* ' 4-NItrobiphenyl. ' (b) Definitions, For the purposes of* * this section: (1) "Absolute filter" Is one capable of retaining 99.97 percent of a', mono disperse aerosol of 0.3 Mm particles. (2) "Authorized employee" means an' employee whose duties require him to be-. In the regulated area and who has been - 5,-Wmulatlons of asbestos fibers If. with their employer an:au provme. or maxe avs specifically assigned by the employer.- T ilssSuor'tsss'ssss; (3) ."Clean change room" meats a room where employees put on clean- fEf (2) Waste disposal Asbestos waste,' any employee engaged In an occupation clothing and/or protective equipment in:' afscrap,'- debris, bags, containers, equip- waed to airborne concentrations of ' an environment free of 4-Nitroblphenyl. i 'f Si-ment and asbestos-contaminated cloth- asbestos fibers, a comprehensive medical The clean change room shall be con-- r^tag. consigned for disposal, which may. " a tlguous to and have an entry from a - . -A-Droduce In any reasonably .foreseeable. minimum- a chest roentgenogram (pos- shower room, when the shower room: f^iw. handling, storage, processing, dis- tenor-anterior 14 x 17Jodie*!'. ahistory facilities are totherwlse required in this * 'Si'posal, or transportation airborne concen- elicit symptomatology of respiratory section. ' - t- . , .Strattons of asbestos fibers In excess of the disease, and pffimonary functic.n tests (4) . "Closed system" means an opera-1 ; '.^exposure limits prescribed In paragraph . * ^ tion Involving 4-Nitroblphenyl where. y .^(b) of this section shall be collected and' ..Xu'disposed of In sealed Impermeable bags. - l1' S^or other closed, lmpenneabie containers. exPlratory volume at 1 second containment prevents the release of 4-v ,, ... . Nltrobiphenyl into regulated areas, non- ' ** examinations. No medical regulated areas, or the external environ- S'-fr-lJ.U)-Recordkeeping--(. 1) Exposure rec-i examination Is required of. any cm-. ment. I iCVonts: Every employer shall maintain rec- .'P.loyc*- ^ adequate records show that ' (5) "Decontamination" means the ln--_ activation of 4-Nltroblphenyl or Its safe; disposal. *':. 1 ' (6) "Director'* means-the Director. National Institute for - Occupational- Safety and Health, or any. person di-' rected by him or the Secretary of Health. Education, and Welfare to act for. the Institute for. Occupational Safety and records of all such medical examine* Director. XT.vi Health and to authorized representa- - tions. Records shall be retained by (7) "Disposal" means -the safe re- * Jf'^itlTes of either. ' * employers for at least 20 years. moval of 4-Nitroblphcnyl from the work pi?ft;U2) Employee access. Every employee . <) Access. The contents of the rec- environment. -. P>i;*nd former employee shall have reason- ords of the medical examinations (8) "Emergency" means an unforeseen *C.eMc access to any record required to be required by this paragraph shall be made circumstance or set of circumstances re- ' *?;ilk;m;maallnnttaaiined by subpaxragrapnh (u1j) of this available, fxoor Imnssppeection and copying. suiting In the release of 4-Nitrobiphenyl 4S-ii.Nv-.'. s.-v. .. .... . -. " v* * * T- .' f * - "?'-* FEDERAL *EGISTE, YOU 39, NO. 125--THUMDAT, JUNE 27,'1974 . BOR OO4427 iv: A- . "v 23M6 : RULES AND . REGULATIONS V : wlilch may-result la exposure to or fcon- In paragraph (b) (13)' of.this section are (O Laboratory actiuifics.-The-require . tact with 4-NitroblphenyL. prohibited. ments of this subparagraph shall apply VC (9) "External environment" means .. (4). Transfer from a closed system, to research and quality control activities .`.any environment external to regulated charging or discharging point operations, Involving the use of 4-Nitrobipbenyl. (i) and nonregulated areas. .. or otherwise opening a closed system. In Mechanical pipetting aids shall be used ; .: (10) ``isolated system" means a fully operations - Involving "laboratory typo for all pipetting procedures. ' enclosed structure other than the vessel hoods," or in locations where 4-Nitrobl- (ii)- Experiments, procedures and of containment of 4-Nitrobiphcnyl, plicnjT is contained - in an otherwise equipment which could produce aerosols ' which Is impervious to the passage of 4- "closed system." but is transferred, shall be confined to laboratory-type , Nltroblphchyl, and which would prevent charged, or discharged into other-nor- . hoods or glove boxes. - - the- entry of 4-Nitrobiphenyl into reg- mally closed containers, the provisions (lil) Surfaces ' on which 4-Nitrobi- . ulated areas, nonrcgulated areas, or the of this subparagraph shall apply, (1) Ac phenyl is handled shall be protected external environment, should leakage or cess shall be restricted to authorized em- from contamination. . pillage-from tire vessel of containment , ployees only;., (iv) Contaminated wastes and animal , ` occur. ` '. . , (11)`"Laboratory type . hood'" is A ' device enclosed on three sides and the ; top and bottom, designed and maintained so as to draw air inward at an average . . (11) Each operation shall be pfbvidcd- -Carcasses shall:bc collected in impervious with continuous local exhaust ventila containers which are closed and. decon tion so that air movement is always from taminated prior to removal from the ordinary work areas to the operation. Ex work area. Such wastes and carcasses haust air shall not be discharged to regu shall be' incinerated in such a manner . -linear face velocity of 150 feet per min- lated areas, nonregulated areas or the that no carcinogenic products are ute with a minimum, of 125 feet per min- external environment unless decontami released. , - ute; designed, constructed, and main- nated. Clean makeup air shall be intro (v) All other forms of 4-Nitrobiphenyl ' talned In such a way that an operation duced In sufficient volume to maintain shall be inactivated prior to disposal. Involving -4-Nitrobiphenyl within the the correct operation of the local exhaust (Vi) Laboratory vacuum systems shall hood docs not require the insertion of system. be protected with high-efficiency scrub any portion of any employee's body other (ill) Employees shall be provided with, bers or with disposable absolute filters. ,than his hands and arms. and required to wear, clean, full body . (vii) Employees engaged in animal ; I r r. `J'M (12) "Nonregulated area" means any ` protective clothing (smocks, coveralls, or area under the control of the employer long-sleeved shut and pants), shoe cov - where entry and exit is neither restricted ers and gloves prior to entering the regu- ., nor controlled. latedarea. / - (13) ``Open-vessel system" means an (iv) Employees engaged In 4-Nitrobl ,, operation involving 4-Nitroblphenyl in phenyl handling operations sliall be pro ... an open vessel, which is not in an isolated- vided with and required to wear and use system, a laboratory type hood, nor in a half-face, filter-type respirator for support activities shall be (a) provided with, and required to wear,, a complete protective clothing change-, clean each day, - including- coveralls or pants ant shirt, foot covers, head, covers, gloves, ant appropriate respiratory protective equip ment or devices; and * . (b) .. Prior to each exit from a. regu any other system affording equivalent, dusts, mists, and fumes, in accordance lated area, employees shall be require* protection against the entry of 4-Nitro- with S 1910.134. A respirator affording to remove and leave protective ciolhin. ... biphenyl. Into . regulated .areas, non higher levels of protection may be sub and equipment at the point of exit and a regulated areas, or the external enviroh- stituted* ` - .. the-last exit-of.-the day,, to. place..use- . ment. ^; ' (v) Prior to each exit from a regulated clothing and equipment in imperviou ; v^.i (14) "Protective clothing" means area, employees shall be required to re-, containers at the point of exit fer pur clothing designed to protect an employee move and leave protective clothing and poses of decontamination or dispose i;rU-; , 1 i:f ]: \ against contact with, or exposure to 4- equipment at the point of exit and at the- The contents of such impervious cor. . Nitrobiphenyl. last exit of the day, to place used cloth-- tainers shall be identified as require (15) - "Regulated area" means an area lng and- equipment in impervious con- under paragraphs (e)(2),. (3), and (4 . where entry and exit Is restricted and tainers at the point of exit for purposes of this section. .controlled! - of decontamination or disposal. The con (c) Required to wash hands, forearm - - (c) "Requirements for areas contain- tents of such impervious containers shall face and neck upon each exit from tk lng 4-Nitrobiphenyl.*" A regulated area be Identified, os required under para regulatcd ,-ea close to the point of ex: / shall be established by an employer graphs (e) (2),, (3), and (4)-of this and befor engaging in other activide. where 4-Nltrobiphenyl Is manufactured, section. ' and processed, used, repackaged, released, (v\) Employees shall be required to (d) Required to shower after the las handled or stored. All such areas shall be wash hands, forearms, face and neck on exit of the day. - ........ .. controlled in accordance with the re- each exit from the regulated area, close (viii) Employees, other than, those ec . quirements for the following category or to the point of exit, and before engaging gaged only in animal support activitie. -. categories describing the- operation In- in other activities. each day shall be (a) provided with an . .volved: 01) Isolated systems. Employees (vii) Employees shall bo required to required to wear a clean change of a;, ' working with 4-Nitrobiphcnyl within an shower after the last exit of the day. propriate laboratory clothing, such as Isolated system such as a "glove box" (vill) Drinking fountains-are prohib solid front gown, surgical scrub suit, shall wash- their hands and arms upon ited in the regulated area. fully buttoned laboratory coat. Vi . completion of the assigned task and be- (5) Maintenance and decontamination lb)' Prior to each, exit from a reg fore engaging in other activities not as- activities. In cleanup of leaks or spills, lated area, employees shall be required . ..sociated with the Isolated system.' maintenance or repair operations on con remove and leave protective cloiltnig a. ' (2) Closed system operation. Within taminated systems or equipment, or any equipment at the point of exit and regulated areas where 4-Nitrobiphenyl is operations involving work in. an area the last exit of the day, to place us ' ' stored in sealed containers, or contained where' direct contact with 4-Nitrobl- clothing and equipment in impervic in a closed system, including piping sys- phcnyl could result, each authorized em containers at the point of exit for P'- terns, with any sample ports or openings ployee entering that area shall; (1) Be poses of decontamination or dispos .t - 1. ! -; ' ' closed while 4-Nitrobiplicnyl is contained provided with and required to wear clean, The contents of such impervious conto; i' - within: (i> Access shall be restricted to impervious garments, including gloves, ers shall be identified as required ur.c > authorized employees only; boots and continuous-air supplied hood paragraphs (e)(2), (3), and (4) of t- ;*m I. : (II) 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 en: gaging in other activities. (3)'- Open vessel system operations. in accordance with } 1910.134. - (11) Be decontaminated before remov ing the protective garments and hood; (ill) Be required to shower upon re moving tho protective garments and section. (c) Required to wash hands, forean face and neck upon each exit from ; regulated area close to the point of e; and before engaging in other activit (Jx) Air pressure in laboratory ar . Op- e .ni- vessel system r operations -' as ,- defined hood.- ' \' and animal rooms where 4-Nltrobiphc FEDEtAL.MGISTE*,.V L 39, NO. 125--THURSDAY, JUNE 27/W* fiOR 004428  25QkE?**I.* ' , . *'* ' . -* m*%. '*.**./*'>, i* RULES- AND REG;UULATTIlOONNSS??' \ .-.. ;' : ;'V r Vi>;23S17;. i handled and bioassay studies are per- shall be provided In accordance with identification which Includes the full- .-^fformed shall be negative in relation to $1 310.141(d)(3). chemical name and Chemical Abstracts. 5i'the pressure in surrounding areas. Ex- Uv) Where employees wear protective Service Registry number as listed in S?..haust air shall not be discharged to reg- .clothing and equipment, clean change paragraph (a)(1) of this section.- jfi-Ulatcd are.as. nonrcriilatcd areas or the rooms shall be provided. In accordance Uii) Containers shall have the warn--' ^external environment unless dccontaml- with 19io.l4i<c). for the number of lng words "CANCER-SUSPECT AGENT" .'f/.'nated. * .. such employees required to change displayed Immediately under or adjacent ; &*' (x) There shall be no'connecllon be-. clothes. to the contents identification.1 . `. -.iS-twccn regulated areas and any other (v) Where toilets - are in: regulated (iv) Containers which have 4-Nitro-'- 4}l areas through the ventilation system. areas, such toilets shall be In a separate biphenyl contents with corrosive or irri ` <s. (xl) A current Inventory of 4-Nitro- room. 1 ' ' tating properties shall have label state rr-biphenyl shall be maintained. (4) Contamination control, (i) Regu ments warning of such hazards, noting. . . .. 5ST.. (xU3 Ventilated apparatus, such as. lated areas, except for outdoor systems, if appropriate, -particularly sensitive or - laboratory type hoods, shall be tested at shallbe maintained under pressure nega*.- affected portions of the .body. . 'yflenst semi-annually or immediately after tivc with respect to nonrcgulated areas.; .(3) Lettering..Lettering on sighs and ivi; ventilation .modification or maintenance- Local exhaust ventilation may be used Instructions-required by subparagraph ^operations, by personnel fully qualified to satisfy this requirement. Clean makeup > (1) shall be a minimum letter height of *V;to certify correct containment and oper- air in equal volume shall replace air 2 inches. Labels on containers required - svi'atlon. - removed. under tills section shall not be less than vj>T <d) General regulated area require- (11) Any equipment, material,"or other ' ',2 the size of the largest lettering on the jff ments--(1) Employee identification. A item taken into or removed from a regu package, and not less than 8 point type f'j, daily roster'of.employecs entering regu- lated area shall be done so in a manner in any Instance. Provided, That no such latcd areas shall be established and that does not cause contamination in required lettering need be more than 1 maintained. The rosters or a summary of nonregulated areas or the. external inch In height. i>> the rosters, shall be retained'for a pe- environment. . .. (4) Prohibited statements.-No state-' 1*1- rlod of 20 years. The rosters and/or sum- Uii) Decontamination procedures shall* ment shall appear on or near any re $:marles shall be provided upon request to be established and implemented to re quired sign, label, or Instruction which ^'authorized representatives of the Asslst- move 4-Nitroblphenyl from the'surfaces ' contradicts or detracts from.the effect >:Vant Secretary and the Director. In the' of materials, equipment and the decon of any required warning, Information or ifcevent that the employer ceases business tamination facility. ' Instruction. ^ without a successor, rosters shall be for- (iv) Dry sweeping and dry mopping' (5) Training and indoctrination, (lr "o'.warded , by registered mall.. to - the : are prohibited. 1 Each employee prior to being authorized : "^Director. . . ; - ..' (C) Signs, information and training--* to enter a regulated area, shall receive VjV <2) Emergencies. In an' emergency, (1) Signs. (1) Entrances to regulated a training and Indoctrination program - eu immediate measures Including, but not areas shall be posted with signs bearing ' including, but not necessarily limited tor- limited to, the requirements of subdivi- the legend: fa) The nature of the carcinogenic haz ^Hfelons (i), (il), (lil), (lv), and (v) of this subparagraph shall "be implemented. <i) Cancer.-Sospect . Agent . ards of 4-Nitrobiphenyl, Including local undsystemiqtoxicUy.;...; $vThe potentially affected area shall be i Authorized Personhee Only .' " (b) The specific nature oi the opera- ''^evacuated as soon as the emergency has Vijbcen determined. ~ (ll) Hazardous conditions created by )&Uic emergency shall be eliminated and the potentially affected area shall he de- . (ID Entrances to regulated areas containlng operations covered in paragraph (c) (5) of this section shall be posted with signs bearing the legend: . . . .tlon Involving 4-Nitrobiphenyl -'which- could result In exposure; * (c) The purpose for and application* of the medical surveillance program, * Including, as -appropriate,. methods of Cr0contamlnated prior to the resumption of. - Cancer-Suspect Acent Exposed in This : self-examination; .^wnormal operations. . . Area . * ;- (d) The purpose for and application ; ai?.-. ..(ill) Special medical surveillance by a -../^physician shall be Instituted within 24 jr^1'hours for employees present in the po^y tcntlally affected area at the time of the Impervious Suit Including Gloves,' Boots,- and Air-Supplied Hood Re- quireo at All Times ____.., ^ ' of decontamination practices and pur poses; - (e) The purpose for.and significance of emergency practices and procedures; '/f emergency. A report of the medical sur- .. Authorized Personnel Only . (f) The employee's - specific role In jAiyelllance and any treatment shall be in- `(lil) Appropriate signs*and instruc-' emergency procedures; ;jc).cluded In the incident report, in accord- tlons shall be posted at the entrance to, (g) Specific Information to aid the em fiance with paragraph (f) (2) of this and exit from, regulated areas, inform ployee in recognition and evaluation of '^section, ... ing employees of the procedures that conditions and situations which may re /.pV'. dv) Where an employee has a known must be followed in entering and leaving sult In the release of 4-Nltrobiphenyl: contact with 4-Nitrobiphenyl such em- a regulated area. (ft) The purpose for and application, i/t^ployec shall be required to shower as (2) Container contents identification, of specific first aid procedures and prac .yrfriioon as possible, unless contraindicated (1) Containers of 4-Nitroblphenyl and tices; ,- ., Jylf.by physical injuries. ' containers required under paragraphs (i) A review of this section at the em- ' *'^?t'(v) An incident report on the emer- (c)(4)(v) and (c) <6) (vil) (b), and (c) ployco's first training and indoctrination .h-y/gency shall be reported as provided in ' (6) (vili) (b) of this section which are program and annually thereafter. / ^^paragraph (f) (2) of this section. accessible only to, and handled only by,- . (it) Specific emergency procedures (3) Hygiene facilities and practices. authorized employees, or by other em-; shall be prescribed, and posted, and em fv,(i) -Storage or consumption of food, stor- ployees trained in accordance with sub- ployees shall be familiarized with their-, fVage or .use of containers of beverages, paragraph (5) of this paragraph,, may. terms, and rehearsed in their apr' .cation. ^-f-storage ' or application of cosmetics, have contents identification limited to a (Hi* A11 materials relating to c.e pro-- ^I'llsmoking, storage of smoking materials, generic or proprietary name, or other gram shall be provided upon request to* * ft*, tobacco products or other products for proprietary identification, of the carcino authorized representatives of the Assist v,;J^chcwing, or the chewing of such prod gen and percent. ant Secretary and the Director. ucts, are prohibited in regulated areas. (ii) Containers of 4-Nltrobiphenyl and (f) Reports--(1) Operations. Not later ' .(11) Where employees are required by containers required under paragraphs than March 1, 1974, the information re-, ^W^.thls section to wash, washing facilities (c) (4) (v), <c) (6) (vil) (b), and (c)(6) quired in subdivisions (i). (ii), dii), and 1,shall be provided in accordance with (viii) (b )of this section which are acces (iv) of this subparagraph shaU be re 1910.141(d) (1). .and (2) (ii). through sible to, or handled by employees other ported in writing to the nearest OSHA -(yii>... . ,- than authorized employees or employees Area Director. Any changes in such in - (ill) 'Where employees are required by trained in accordance with subparagraph formation-shall be similarly reported in V/.vrthls section to shower, shower facilities .(5) of this paragraph shall have contents ' writing within IS calendar days of such .t '-'i, ,, . ., r- %*.* . ;*-f- !.' < ` ... . f. FriEODEERRAALl REGISTER, VOL, 39,. no. 125--THURSDAY,' JUNE 2T, 1*74 .. BOR 004429 2351$ RULES AND REGULATIONS changes (1) A brief description and in- successor, records,. qc* notarized' true, -. -(9) "External . environment" - .means , plant location of the area(a > regulated copies thereof, shall be forwarded, by any-'environment external to regulated , and the address of each regulated area; registered mail to the Director, . and nonrrgula ted areas. (11) The nanie(s) and other idcntlfy- (il) Records required by this para - (10) "Isolated system" means a fully 'ing information os to the presence of graph shall be provided upon request to enclosed structure other than the vessel 4-Nitrobiphcnyl In each regulated areas authorized representatives of the As of containment of olpha-Naphthylamme. , '<iii) The number of employees in each sistant Secretary or the Director: and which Is impervious to the passage of regulated area, during normal operations upon request of an employee or former alpha-Naphthylamine, and which, would Including maintenance activities: and- employee, to a physician designated by prevent the entry of alpha-Naphthy'a- . <lv) The manner in. which 4-Nitro- tho employee or to a new employer, mine into regulate areas, nonreguiatea blphenyl is present.in .each regulated . ' (iii) Any physician who 'conducts a areas, -or the- external, .environment, area; e.g. whether it is manufactured, medical examination required by this should leakage or spillage from the-ves processed, used, repackaged, released, paragraph shall furnish to the employer sel of containment occur. stored; or otherwise handled. a statement of the employee's suitabil (II) "Laboratory type hood" is a de- .; (2) Incidents.. Incidents- which, result ity. for employment ,in... the .specific, . vice enclosed on three sides and the top in the release of '4-Nitrobiplienyi into'' exposure. ' ` anii bottom.'dcsigned and maintained so any area where employees' may bepotentially exposed shalL be reported in. alpba-Nnphlliylamijic. as to draw air inward at an average linear face-velocity of 150 feet per minute accordance with : this subparagraph. (a) Scope and application. (1) This with a minimum of 125 feet per minute; (1) A report of the occurrence of the in section applies to any area in which designed, constructed, and maintained in cident and the facts obtainable at that alpha-Naphthylamine, Chemical Ab such a way that an operation involving time including a. report on any medical treatment of affected employees shall be made within 24 hours to the nearest. OSHA Area Director, . (ii) A. written report shall be hied with stracts. Service Registry Number 134327 is manufactured, processed, repackaged, released, handled, or stored,, but shall not apply to trans-shipment in sealed, containers, except for the labeling re alpha-Naphthylamine within tho hood does not require the insertion of any por tion of any employee's body other than his hands and arms. (12)' "Nonregulatcd area"- means any the nearest OSHA Area Director within quirements under paragraphs (e) (2), area under the control of. the employer 15 calendar days thereafter and shall in (3). and (4) of this.section. where entry and exit is neither restricted clude: la) A specification of the amount (2) This section shall not apply to nor controlled. of material released, the amount of time ' solid or liquid mixtures containing less (13) "Open-vessel system" means an Involved, and an explanation of the pro than 1.0 percent by weight or volume of operation involving alpha-Naphthyla cedure used in determining this figure; . -(b) A description of the area involved, alpha-Naphthylamine. . (3) This section will not apply to oper mine in an open vessel, which is not in an isolated system, a laboratory type and the' extent of known and possible employee exposure and area contamina ations involving the destructive tion of carbonaceous materials, distilla such as . hood, nor in any other system aCordmg equivalent protection against the entry tion; and '. <c) A report of any medical treatment1 occurs in coke ovens. (b) Definitions. For the purposes of of alpha-Naphthylamine into regulated areas, nonregulated areas, or the external of affected employees, and any medical surveillances program implemented; and id) All analysis'of th'e circumstances of the incident, and measures taken or to be taken, with specific completion dates, to avoid further similar releases. (g) Medical surveillance. At no cost to the employee, a program of'medical. surveillance shall be established and im plemented for, employees considered for assignment to enter regulated areas, and for authorized employees. (1) Examina tions. <i) Before an employee is assigned to enter a regulated area, a preassign ment physical examination by a physi cian shall be provided. The examination shall include the personal history of the employee, family and occupational back ground.- including genetic and environ mental factors. (ii) Authorized employees shall be provided periodic physical examinations, not less often than annually, following the preassignment examination. (iii) In all physical examinations, the examining physician shall consider .this section: (1) "Absolute filter" is one capable- of retaining 09.97 percent of a mono disperse-aerosol of 9.3 >mi particles. (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. (3) "Clean change room" means a room where employees put on clean clothing and/or protective equipment in an environment free of alpha-- Naphthylamine. The clean change room shall be contiguous to and have an entry from a shower, room, when'the shower room facilities are otherwise required in this section. .. (4) "Closed system" means an opera tion involving alpha-Naphthylamine where containment prevents the release of alpha-Naphthylamine into regulated areas, nouregulated areas, or tho ex ternal environment. (5) "Decontamination" means the in activation of alpha-Naphthylamine or its safe disposal. environment. . - (14) "Protective clothing" means " Clothing deslgn'ed'fo protect `an employee against contact with or exposure to alpha-Naphthylamine. (15) "Regulated area" means an area where entry and exit is restricted and controlled. (c) Requirements for areas containing alpha-Naphthylamine. A regulated area shall be established by an employer where alpha-Naphthylamine is manu factured, processed, used, repackaged, released, handled or stored.- All such areas shall be controlled in accordance with the requirements for the following category or categories describing the op eration involved: (1) Isolated systems. Employees working with alpha-Naph thylamine within an isolated system, such as a "glove box" shall wash their hands and arms upon completion of the assigned task and before engaging in other activities not associated with the isolated system. (2) Closed system operation. Withir whether there exist conditions of in 1 (6) "Director" means the Director, regulated areas where alpha-Naphthyla creased risk, including reduced immu National Institute for Occupational mine is stored in sealed containers, o: nological competence, those undergoing Safety and Health, or any person di contained in a closed system, includin' 'treatment with steroids or cytotoxic rected by him or the Secretary of Health. piping systems, with any sample ports o; ' agents, pregnancy and cigarette smoking, Education,- and Welfare to act for the openings closed while alpha-Naphthyla (2) Records, (i) Employers of em Director. .' mine is contained within: (1) Access shal ployees examined pursuant to tills para (7) "Disposal" means the safe removal be restricted to authorized employee- graph shall cause to be maintained com of alpha-Naphthylamine from the work only; plete and accurate records of ail such environment. (ii) Employees shall be required tc medical examinations. Records shall be (8) . "Emergency'.' means an unfore wash hands, forearms, face and neci maintained for the duration of the em seen circumstance or set of circum upon each exit from the regulated areas ployee's employment. Upon termination stances resulting in the release of alpha- close to the point of exit and before cr. of the employee's employment, including Naphthylamine which may result In gaging in other activities. retirement or death, or in the event that exposure to or contact with alpha- (3) Open vessel system operations tho employer ceases business without a Naphthylamine. Open vessel system operations as defines t l- FEDERAL REGISTER, VOU 39, NO. US--THURSDAY, JUNE 27, 1974 BOR 004430 e<r ir. v.. > A-18 i *J ' ': ` ' fi'iV . ' * , 'RULES AND' REGULATIONS v`,V; - . ' -V" *' *,' :`L-t . * '> vx. :V'' *-i.. ;-235^19.~ .... *4*' r" * . '4* * . * * '1 ` l>Jjn paragraph (b) (13) of tills section are (6) Laboratory activities. The require--* studies are performed shall be negative $' prohibited. -* ' ments of this subparagraph shall apply In relation to the pressure in surrounding W- (4) Transfer from a closed system, to research and quality control activities areas. Exhaust air shall not be dis- - "< charging or discharging point operations, involving the use of alpha-Naplithyla- charged to regulated areas, r.onreguiated ^ }i\ or otherwise opening a closed system. In mine. <li Mechanical pipetting aids shall areas or the external environment unless . `^operations involVlng "laboratory type be used for all pipetting procedures. decontaminated. - ! hoods," or In locations where .alpha- (ii) .Experiments, procedures and (x) There shall be no connection be Naphthylamtne is , contained In an equipment which could produce aerosols tween regulated areas and any other.- -v otherwise "closed system." but is trans- shall be confined to laboratory-type areas through the ventilation system, v Re ferred, charged, o> discharged intoother. hoods or glove boxes.',. : <xf) A current inventory of -alpha-.- ii-normally closed containers, the pro- (iii) Surfaces on which alpha-Naph- Naphthylamine shall be maintained. *H visions of this subparagraph shall apply.' thylaminc is handled shall-be protected (xit) Ventilated apparatus such as- it? (1) Access shall be restricted to author- from contamination, laboratory typo hoods, shall be tested at vji'lzed-employees only;. , . .. ,, (iy) Contaminated wastes and animal least semi-annually or Immediately alter, . Tr'!' (11) Each'operation shall be prbvia'ed carcasses shall be collected In lmpervi- ' ventilation- modification or maintenance >V-with continuous local exhaust vcntila- ous containers which are closed and de- operations, by personnel fully qualified to j^'tlon so that air movement is always contaminated prior to removal from the certify correct containment and opera-" . from ordinary work areas to the opera- . work area. Such wastes and carcasses - tion. . > ` ' tlon. Exhaust air shall not be discharged ' shall bo incinerated in such a manner (d) General regulated, area require-- to regulated areas, nonrcgulated areas that no carcinogenic products are re merits.-^(1). Employee identification. A 1 jJ/:or the external environment unless de leased. : daily roster of employees entering regu- ' fy-' contaminated. Clean makeup air shall be ' (v) All other forms of alpha-Naph- : lated areas shall be established and 0- Introduced In sufficient volume to main- . thylaminc shall be inactivated prior to maintained. The rosters or a summary of ./.-tain tho correct operation of tire local disposal. '* the rosters, shall be retained for a period ^.`exhaust system. (vi) Laboratory vacuum systems shall of 20 years. The rosters and/or summa- ' /j." (lit) Employees shall be provided with, be protected with high-efficiency scrub ries shall be provided upon request to au- jjYand required to wear, clean, full body bers or with disposable absolute filters. - thorized representatives of the Assistant ^protective clothing (smocks, coveralls, or (vli) Employees engaged In animal - Secretary and the Director. In the event., iX;long-sleeved shirt and pants), and shoe support activities shall be (a) provided that the employer ceases business with-_ V; covers and gloves prior to entering a with, and required to wear, a complete -* out a successor, rosters shall be for-'; regulated area. ~ " . protective clothing change, clean each warded by registered mail to the Director.* 7/'. (lv) -Employees engaged' in alpha--; day, Including coveralls, or pants and ' (2) Emergencies. In an emergency, lm- - */, Naphthylamine handling operations shall shirt, foot covers, head covers, gloves, mediate measures including, but not, J?; be provided with and required to wear and appropriate respiratory protective limited to. the requirements of subdlvi-' *; and use a half-face, filter-type respira- equipment or devices; and sions (1), (ii), (iii), (iv).and (v) of this, tor for dusts, mists, and fumes, In ac (b) Prior to each exit from a regulated subparagraph shall be implemented. (1) cordance with 51910.134. A respirator area, employees shall be required to re- The potentially affected area shall be *:* affording higher levels of protection may. move, and. leave protective clothing and evacuated as soon as the emergency has , substituted. 1"''' *'""**" ``equlphientit the point'd! exit* and'at the ' bebri 'determined.'' ** *' * ' .*....... * V (v) Prior to each exit from a regu- last exit of the day, to place used'clothlng (11) Hazardous conditions created by lated area, employees shall be required and equipment in impervious containers the emergency shall be eliminated and --- to remove and leave protective clothing at the point of exit for purposes of de the potentially affected areas shall be iii. and equipment at the point of exit and contamination or disposal. The contents - decontaminated prior to the resumption, {;, at the last exist *of the day, to place ' of such impervious, containers shall be of normal operations. V used clothing and equipment in impervi- identified as required unde- paragraphs (iii) Special medical surveillance by a if'.ous containers at the point;of exit for- (e) (2). (3). and (4) of this section: i physician shall be Instituted within 24 ^.purposes of decontamination or disposal: (c) Required to wash hands, forearms. hours for employees present In the poten- fif-.'Thc contents of such impenious con-' face and neck' upon each exit from the tially affected area at the time of the-. p.-^tainers shall bo Identified, as required 'regulated area close to the point of exit, *. emergency. A report of the medical sur-. funder paragraphs f(e.i)(/2>)' , t(n3\), and (4) . and before engaging in other activities; ii'veillance and any treatment shall be In- T^of this section. . and ' eluded in the Incident report. In accord- v - (vil) - Employees "'sshhall be roenq'uired to (d) Required to shower1 after the last ance with paragraph (f)(2)-of this sec- ' '&.wash hands, forearms, face and neck on exit of the day. ; . *. tion. * - ' -vy;-cach exit from the regulated area, close (vlii) Employees, other than those en- (iv) Where an employee haVa known * Syto the point of exit, and before engaging gaged only in animal support activities. contact with alpha-Naphthylaminc, such-; i. ln other activities. each day shall be (a) provided with and employee shall be required to shower as. wT* 1 Wii) Employees shall be required to' required to wear a clean change of ap- -. soon as possible, unless contraindicated ' V; shower after the last exit of the day. -: propriate laboratory clothing, such as a by physical Injuries. ........ (vlii) Drinking fountains are prohlb- solid front grown, surgical scrub suit, or (v) An Incident report on the cmer- - lted in the regulated area. fully buttoned laboratory coat. . gency shall be reported as provided in' ' ijTe <5) Maintenance - and dccontamina , (b) Prior to each exit from a regulated paragraph (f)(2) of this section. ' Stion activities. In cleanup of leaks or area, employees shall be required to re (3) Hygiene facilities and practices.*; ^.spills, maintenance or repair operationsmove and leave protective clothing and `(I) Storage or consumption of food, stor-j $f* on contaminated systems or equipmenet,quipment at the point of exit and at the age or use of containers of beverages. * r>.'or any operations involving work in an last exit of the day, to place used clothing . storage or application of cosmetics, smok-' area where direct contact with alpha- and equipment in impervious containers ing, storage of smoking materials, to-' Nftphthylamine could result, cach.au- at the point of exit for purposes of de . bacco products or other products for * ">'vthorizcd employee entering that area* contamination or disposal. The contents chewing, or the chewing of such prod--- Sft shall: of such impervious containers shall be . ucts. are prohibited In regulated areas. Be provided with and required to- Identified ns required under paragraphs (II) -Where employees are required by y^.; wear clean, impervious garments, includ- (e) (2), (3). and (4) of this section. - this section to wash, washing facilities ' V'.jlng gloves, boots and continuous-air sup- (c) Required to wash hands, forearms, ; shall be provided In accordance with o} -piled hood In accordance with 5 1D10.134. face and neck upon each exit from the 5 1910.141(d)(1) and - (2) (ii) through. Bjv . (il) Be decontaminated before remov- regulated area close to' the point of exit. ; (vil). ; - v - ; ^t.jlng the protective garments and liood; J and before engaging in other activities. (III) Where employees are required by Y.;;: (Iii) Be required to shower upon re- . <ix> Air pressure in laboratory areas this section to shower, shower facilities-' moving ' the, protective garments, and and animal rooms where alpha-Naph- shall be provided in accordance with,' j/t-bood. thylaminc is handled S??' .v *t ;i. . * > . and bloassay > 1910.14.1(d)(3).v-iv .1. 4i/,% ` . . *. * # * h * No. 125- -fEDIIAt REGISTER,,VOL 39. NO.. 125--THURSDAY,.JUNE 27,-1974 BOR 004431 A-19 /'233.10 . .. I- : ~ RULES AND REGULATIONS .. ^<iv) Where employees wear protective '^Wotlilng and equipment cleru\ change , rooms shall be provided. In accordance with 51310.141(e), for the number ol -number.; as listed, in paragraph (a)(1) of this section, ' - .. * (iii) Containers shall have the warn ing words "CANCER-SUSPECT AGENT" plant location of the arca(s) regulated and .the address of each regulated area; (ii)-The-hame'(s) and other, identify ing information as to the presence of such employees required to change displayed immediately under or adja alpha-Naphthylamine in each regulated clothes. . cent to the contents identification. area; _ .-(v) Where toilets, are in regulated (iv) Containers which have alpha- (iii) The number of employees in each areas, such toilets shall be in a separate Naphthylamine contents with corrosive regulated area, during normal operations . room. - or irritating properties shall have label including maintenance activities; and .. -141.Contamination cqiUrol. (i) Regu- statements warning of such hazards, not (iv) Tiic manner in which alpha- latcd areas, except for outdoor systems, ing,. if appropriate, particularly sensi Naphthylamine is present in each iegu-' shall be maintained under pressure nega- tive or affected portions of the body. lated area; e.g. whether-it is manufac \ live with respect to nouregulatod areas, (3) Lettering. Lettering on signs and tured. processed, used, repackaged,, re local exhaust ventilation may be used instructions required by subparagraph leased, stored, or otherwise handled. to satisfy-this requirement.- Clean,make- . .(1) of this paragraph snail be a mini (2) Incidents. Incidents wnich result up air in equal volume shall replace air mum letter height of 2- inches. Labels oh in the release of alpha-Naphthylamine ` removed. containers required under this section into 'any' area' where employees, may. be (li) Any equipment, material, or other shall not be less than ','2 the size or the potentially exposed shall be reported'in' Item taken into or removed from a regu- largest lettering on the package, and not accordance with this subparagraph, til lated area shall be done so in a maimer less than 8 point type in any instance: A report of the occurrence of the in- that docs not cause contamination in Provided, That no such required lettering 'cident and the facts obtainable at that nonregulated areas or the external need be more than 1 inch in height. time including a report on any medical environment. <4) Prohibited statements. No state treatment of affected employees shall ' (iii) Decontamination procedures shall ment shall appear on or near any re bo made within 24 hours to the nearest be established and implemented to re quired sign, label, or instruction which OSHA Area Director. move alpha-Naphthylamme from the contradicts or detracts from the effect (ii) A written report shall be filed surfaces of materials, equipment and the of any required warning, information or with the nearest OSHA Area Director decontamination facility. instruction. - within 15 calendar days thereafter and . *(iv) Dry sweeping and dry mopping (5) Training and indoctrination, (i) shall include: arc prohibited. Each employee prior to being authorized (a) A specification of the amount of (e) Signs, information and training-- to enter a regulated area, shall receive material released, the amount of time (1) Signs, (i) Entrances to regulated a training and indoctrination program involved, and an explanation of the pro areas shall be posted with signs bearing including, but not necessarily limited to: cedure used in determining this figure: ' the legend: (a) The nature of the carcinogenic haz (b) A description of the area involved, , ' Cancer-Suspect Agent - 'Authorized Personnel Only ards of alpha-Naphthylamine, including and the extent of known and possible local and systemic toxicity: employee exposure and area contamina (b) The specific nature of the opera tion: and ti (ii) Entrances to regulated areas con- tion involving alpha-Naphthylamine (c) A report of any medical treatment ` taliving operations covered in paragraph., which could result in exposure; of affected employees, and any medical (c)(5) of this section shall be posted ~ ' Cc'f The purpose for, and .application surveillance program implemented; and 'with signs bearing the legend: of the medical surveillance prosr&rfi, in-', - <() - An. analysis -of .the circumstances Cancer-Suspect Acent Exposed in This eluding, os appropriate, methods of selfexamination: of the incident, arid meE^ures'Taken -or to be taken, with specific completion -AREA . (d) The purpose for and application dates, to avoid further similar releases.- Impervious Suit Including Gloves, of decontamination practices and pur (g) Medical surveillance. At no cost - Boots, and Air-Supplied Hood Re poses: to the employee, a program of medical quired at All Times . . (e) The purpose for and significance surveillance shall be established and im Authorized Personnel Only of emergency practices and procedures; plemented for employees considered for (/) The employee's specific role in assignment to enter regulated areas, and (ili) Appropriate signs and instruc- emergency procedures: . for authorized employees. (1) Examina tions shall be posted at the entrance to, (<7> Specific information to aid the tions. (i) Before an employee is assigned and exit from, regulated areas, inform- , employee in recognition and evaluation to enter a regulated area, a preasstgn- lng employees of the procedures that of conditions and situations which may ment physical examination by a physi " must be followed in entering and leaving result in the release of alpha-Naphthyl- cian shall be provided. The examination ' a regulated area. amine; shall include the personal Instory of the (2) Container contents identification. (h) The purpose for and application employee, family and occupational back (i) Containers of alpha-Naphthylamine of specific first aid procedures and prac ground, including genetic and environ and container's required under para> graphs (c) (4) (v) and (c) (6) (vii) (b), tices: (i) A review of this section at the mental factors. (ii) Authorized employees shall be . and (c) (6) (viii) (t>) of this section employee's first training and Indoctrina provided periodic physical examinations, which are accessible only to, and han- tion program and annually thereafter. not*less often than annually, following died only by, authorized employees, or (ii) Specific emergency procedures - the preassignment examination. - by other employees trained in accord- ` shall be prescribed, and posted, and em (iii) In all physical examinations, the ance with subparagraph (5) of this para ployees shall be familiarized with their examining physician shall consider graph, may have contents identification terms, and rehearsed in their application. whether there exist conditions of in limited to a generic or proprietary name, f iii) All materials relating to the pro creased risk, including reduced im .' or other proprietary identification, of the gram shall be provided upon request to munological competence, those under carcinogen and percent. authorized representatives of the Assist going treatment with steroids or cyto (11) Containers of alpha-Naphthyla- ant Secretary and the Director. toxic agents, pregnancy and cigarette .mlne and containers required under (I) Reports--U) Operations. Not lat smoking. paragraphs (c)(4)(v), (c) (0) (vii) (b). er than March 1, 1974, the informaton (2) Records. (1) Employers of em and (c) (6) (viii) (b) of this section which required in subdivisions (i).(ii), (iii),and ployees examined pursuant to this para arc accessible to,or Ivandlcd by,employees (iv) of this .subparagraph shall be re graph shall cause to be maintained com ` other than authorized employees or em ployees trained in accordance with sub. paragraph (5) of this paragraph shall have contents Identification which in cludes the full chemical name and Chemical Abstracts Service Registry ported in writing to the nearest OSHA Area Director. Any changes in such in formation shall be similarly reported In writing within 15 calendar days of such change. (1) A brief description and in plete and accurate records of all such medical examinations. Records shall be maintained for the duration of the em ployee's employment. Upon termination of the employee's employment, including FEDERAl REGISTER, VOL w, NO. 125--THURSDAY, JUNE 27, 1974 BOR 004432 A-20 '`""RULES AND REGULATIONS . ..... . ; 23551 l^Plmcnt or death, or In the event that ,* * * i flO) "Isolated system" means a fully In paragraph (b) (13) of this section are the employer ceases business without a enclosed structure other than the vessel, prohibited. . successor, records, or notarized true of containment, of 4.4'-Mcthylene bis (4) Transfer from''a closed . system, copies thereof, shall be forwarded by <2-chloroanillnc), which is impervious charging or discharging point opera . registered mail to the Director. to the passage of 4,4'-Methylcne bis tions, or otherwise opening a closed sys ' (ii) Records required by this para (2-chloroanilinc), and which would pre tem. In operations involving "laboratory graph shall be provided upon request to vent the entry of 4,4'-Mcthylene bis type hoods," or in locations where 4.4'- authorized representatives of the Assist (2-chloroamlinc) into regulated areas, Methylcne bts(2-c.hlaroaniline) is con ant Secretary or the Director! and upon nonreguiated areas, or the external en tained in an otherwise "closed system." request of an employee' os former em vironment, should leakage or spillage but is transferred, charged, or discharged ployee, to a physician designated by the from the vessel of contaminant occur. into other normally closed containers, the employee or to a new employer. (11) "Laboratory type'hood" Is a de provisions of this subparagraph shall ap (ill) Any physician who conducts a vice enclosed on three sices and the top ply. (i> Access shall be restricted to-au medical examination: required by this arid bottom, designed and maintained thorized employees only; paragraph shall furnish to the employer So as to ciraw-.ajr inward at an average- (ii) Each operation shall be provided a statement o' the employee's suitability linear face velocity of 159 feet' .per. .with continuous local exhaust ventila for employment in the specific exposure. minute with a minimum of 125 feet per tion so thataif movement is-ahvays from minute: designed, constructed, and ordinary work areas to the operation. Ex S IplO.Q'*" -t.-l'-MctlivIcnc Iti*(2-rl.Ir.roluilll.ic). ' maintained in such a way that ear oper ation involving 4,4'-Mcthylene bis(2- haust air shall not be discharged to re gulated areas, nonreguiated areas or the (a) Scope and application. (1) Tills chloroaniUno) within the hood does not external environment unless decontam section applies to any area in which 4,4'- require the insertion of any portion of inated. Clean makeup air shall be in Methylcne bls(2-chioioan:linc), Chemi any employee's body other than his troduced in sufficient volume to maintain, cal Abstracts Service Registry Number hands and arms. the correct operation of-the local exhaust 101144 Is manufactured, processed, re (12) "Nonreguiated area" means any system. packaged, released, handled, or stored, area.under the control of the employer (iff) Employees shall be provided w-ilh,- but shall not apply to trans-shipment in where entry and exit is neither restricted and required to wear, clean, full body sealed containers, except for the labeling nor controlled. protective clothing (smocks, coveralls, requirements under paragraphs (e)(2), (13) "Open-vessel system" means an or long-sleeved shirt and pants), shoe (3), and (4) of this section. operation involving 4,4'-MethyIene bis covers and gloves prior to entering .the (2) Tills section shall not apply to solid (2-chIoroani2ine> in an open vessel, regulated area. . , .- or liquid mixtures containing less than which is not in an isolated system, a (iv> Employees engaged in 4,4'-Meth- 1.0 percent by weight or volume of 4,4'- laboratory type hood, nor in any other ylenc bis (2-chloroaniline) handling op Methylene bis(2-chloroaniUne). system affording equivalent protection erations shall be provided with and re (b) Definitions. For the purposes of against the entry of 4,4'-Methylene bis quired to wear and use a half-face, filter- this section: (l) "Absolute filter" is one (2-chloroaniline) into regulated areas, typo respirator for dusts, mists, and apablc of retaining 09.97 percent of a nonreguiated areas, or the external en fumes, in accordance with $ 1910.134. A Plonp disperse aerosol of 0.3 i particles. vironment. respirator affording higher levels of pro (25 "Authorized employed', means, ap. employee whose duties require him to be' in the regulated area and who has been specifically assigned by the employer. (3). "Clean change room" means a room where employees put on clean clothing and/or protective equipment in an environment free of 4,4'-McthyIene bls(2-chloroaniline). The clean change room shall be contiguous to and have an entry from a shower room, when the shower room facilities are otherwise re quired in this section. (4) "Closed system" mean an opera tion involving 4,4'-Mcthylene bis(2chloroaniline) where .containment pre vents the release of 4,4'-Methy]cne bis (2-chtoroanilinc> into regulated areas, nonreguiated areas, or the exLemal environment. , (5) "Decontamination" means the in.activation of 4,4'-Methylene bis(2chloroaniline) or its safe disposal. (G) "Director" means the Director, National Institute for .Occupational Safety and Health, or any person di rected by him or the Secretary of Health, Education, and Welfare.to act for the Director. (7) "Disposal" means the safe re moval of 4,4'-Methylcne bis(2-chloroaniline) from the work environment. (8) "Emergency" means an unfore seen circumstance or set of circum stances resulting In the release of 4,4'Metliylene bis(2-chloroaniline) which may result in exposure to or contact with 4,4'-Methylene bts(2-clvloroaniline). (9) "External environment" means any environment external to regulated and nonreguiated areas. .(14) "Protective clothing" means clothing designed-to.protect anemployce against contact with or exposure to'4^4 Methylene bis(2-chloroaniiine). (15) "Regulated area" means an area where entry and exit Is restricted and controlled. <c> Requirements lor areas containing 4A'-Methylene btsCZ-chloroanilinci. A regulated area shall be established by an employer where 4,4`-Methylene bis (2- chloroanillne) is manufactured, proc essed, used, repackaged, released, han dled or stored. All such areas shall be controlled in accordance with the re quirements for the following category or categories describing the operation involved: <1) Isolated systems. Em ployees working with 4,4'-MethyIene bis<2-chloroantline) within an isolated system, such as a "glove box" shall wash their, hands and arms upon completion of the assigned task and oefore engaging in other activities not associated with the isolated system. .. (2) Closed system operation. Within regulated areas where 4,4'-Methylene bis<2-chloroamli:ie) is stored in sealed containers, or contained In a closed sys tem, including piping systems, with any sample ports or openings closed while 4,4'-Methylcne bis (2-chloroaniline is contained within: (i) Access shall be re stricted to authorized employees only; (ii) 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 en gaging in other activities. (3) Open vessel system operations. Open vessel system operations as defined tection may be substituted. (v) Prior to each exit from a regu lated area, employees sliall be required to remove and leave protective cl'otlilnrand - cquipment 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 pur poses of decontamination or disposal The contents of such impervious con tainers shall be identified, as required un der paragraphs (e)(2), C3), and (4) of tliis section. (vi) 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 en gaging in other activities. (vii) Employees shall be required to shower after the last exit of the day. Cviii) Drinking fountains are prohi bited in the regulated area. (5) Maintenance and decontamination, activities. In cleanup of leaks or spills, maintenance or repair operations on con taminated systems or equipment, or any operations involving work m an arc3 where direct contact with 4.4'-Methylene bisi2-chloroaniline) could result, each authorized employee entering that area shall: (i) Be provided with and required . to wear clean, impervious garments, in cluding gloves, boots and continuous-air supplied hood in accordance with S 1910.134. . (il) Be decontaminated before remov ing the protective garments and hood: (111) Be required to shower upon re moving the protective garments and hood, " \' FEDERAL REGISTER, VOL . 39, NO. 1J5--THURJOAV, JUNE J7, 1974 ' / - BR 004433 4 A-21 RULES AND REGULATIONS ; '-(8) Laboratory-activities. Tlic require ' (lx) Air. prpssure .in laboratory areas warded by registered mail to * ments ot this subparagraph shall apply and animal rooms where' 4.4'-Methylene Director. ` . . i. - to research and quality control activities bis(2-ch!oroaii;line) is handled and blo- (2) Emergencies. In an emerger.'- Involving the use of 4,4'-Methylcne bis assay -studies are performed shall be Immediate measures including, but - (2-chloroanilinc), (i) Mechanical pipet negative in relation to the pressure in limited to, the requirements of subci. ting aids shall-be used for all pipetting surrounding areas. Exhaust air shall not sions Cl), (ii), (iii), (iv), and lv> of t procedures. be discharged to regulated areas, non- subparagraph shall be implemented. ' (ID Experiments, procedures . and regulatcd areas or the external environ The potentially affected area snail equipment which could produce aerosols ment unless decontaminated. evacuated as soon as the emergency 1 shall :be confnjed to laboratory-type (x) There shall be no connection be been determined. hoods or clove boxes. tween regulated areas and any other,. (ii) Hazardous conditions created (ill) Surfaces on which 4,4'-Methyleno areas through the ventilation system, the emergency shall be eliminated ; , bis(2*chloro::uline) la handled shall be (xi) A current inventory of 4,4'- the potentially affected area shall be protected, freal contamination. Mcthylene bis(2-chloroanihne) shall be contaminated prior to the resumption . .(HO 'Contaminated wastes'find a/iimal.- maintained-... .... normal operations. carcasses shall be collected m impervious (xii) Ventilated apparatus such as lab- ' - (lii) Special medical surveillance b * containers which arc closed and decon oratory type hoods, shall be tested at physician shall "be'instituted within- taminated prior to removal from the least semi-annually or immediately after hours for employees present in the pot work area. Such wastes and carcasses ventilation modification or maintenance tially affected area at the time of shall be incinerated in such a manner operations, by personnel fully qualified emergency. A report of the medical s that no carcinogenic produces arc re to certify correct containment and vcillancc and any treatment shall be leased. operation. eluded in the incident report, in accc ` '(v) All other forms of 4,4'-Methylcne (7) Premized solutions. Where 4,4'- ance with paragraph (f) (2) of i bls(2-chloroaniline) "shall be inactivated Methylene bis<2-chloroaniline) is pres section. prior to disposal. ent only in a single solution at a tem (iv) Where an employee has a fcr.c ' " (vi) Laboratory vacuum systems shall perature not exceeding 120"F. the estab contact with 4.4'-Meth>lene bis bo protected with Inch-efficiency scrub lishment of a regulated area Is not chioroaniline) such employee shah bers or with disposable absolute filters. required: however, (1) Only authorized required to shower as soon as poss: <vil) Employees engaged in animal employees shall be permitted to handle unless contraindicated by phys. support activities shall be (a) provided such materials; injuries. with, and required to wear, a complete (ii) Each day employees-shall be pro (v) An incident report on the or protective clothing change, clean each vided with and required to wear a clean gency shall be reported as provided day, including coveralls or pants and change of protective clothing (smocks, paragraph (f) (2) of tills section. shirt, foot covers, head covers, gloves, coveralls, or long-sleeved shirts and (3) Hygiene facilities and prceii and appropriate respiratory protective pants), gloves, and other protective gar (i) Storage or consumption of food. ?: equipment or devices; and ments and equipment necessary to pre age or use of containers of bevera (b) Prior to each exit from a regulated vent contact with the solution in the storage or application of cosine1 area, employees shall be required to re processed used; smoking, storage of smoking mater, mover and leave protective .clothing and . ,(iii) Employees shall be required to tobacco products or other products equipment at the point of exit and at 'remove and leave protective clothing.and ...chewing; op the chewing of such proa; the last exit of the day, to place used equipment when leaving the work area are'pi'ohibltedm regulated areas;. clothing and equipment in impervious at the end of the work day, or at any (ii) Where employees are required containers at the point of exit for pur time solution is spilled on such clothing this section to wasii, washing facib poses of dccontamination or disposal. or equipment. Used clothing and equip shall be provided in accordance v-. The contents of such impervious con ment shall be placed in impervious con 81910.141(d)(1) and (2) (ii) thro tainers shall be identified as required tainers for purposes of decontamination (vii). under paragraphs (e)(2), (3), and (4) or disposal. The contents of such imper - (iii) Where employees are requirc;. of this section. vious containers shall be Identified, as this section to shower facilities shah (c) Required to wash hands, forearms, required under paragraphs (e)(2), (3), provided in accordance with 8 1910 face and neck upon each exit from the and (4) of this section. (d)(3). regulated area close to the point of exit, (iv) Employees shall be required to (iv) Where employees wear prolec and before engaging in other activities; wash hands and face after removing clothing and equipment clean ciu. and such clothing and equipment and before rooms shall be provided, in accord.*, ' (d> Required to shower after the last engaging in other activities; with 1910.141(e), for t2ie numt;: exit of the day. (v) Employees assigned to work cov such employees required to eba . (viii) Employees, other than those en ered by this subparagraph shall be clothes. gaged .only in animal support activities, deemed to be working in regulated areas (v) Where toilets are in regub each day shall be (a) provided with and for the purposes of paragraphs (d)(1), areas, such toilets shall be in a seps. required to wear a clean change of appro (2), (3) (i) and (il), and <4)(lii) and .room. priate laboratory clothing, such as a (iv), (e), <f), and (g) of this section; (4) Contamination control. (1) I solid front gown, surgical scrub suit, or (vi) Work areas where solution may ulated areas, except for outdoor syst fully buttoned laboratory coat. be spilled shall be (a) covered daily or shall be maintained under pressure r. (b) Prior to each exit from a regulated after any spill with a clean covering; live with respect to nonregulated a area, employees shall be required to re or Local exhaust ventilation may oe move and leave protective clothing and (b) Clean thoroughly daily and after to satisfy this requirement. Clean na equipment at the point of exit and at the any spill. air In equal volume shall repir.ee last exit of the day, to place used cloth ing and equipment in impervious con tainers at the point of exit for purposes -of decontamination or disposal. The contents of such impervious containers thall-bc identified as required under para graphs (e)(2), (3), and (4) of this sec tion. <c) Required to wash hands, forearms, face and neck upon each exit from the regulated area close to the point of exit, and before engaging in other activities. (d> General regulated area require ments--(1) Employee identification. A daily roster of employees entering regu lated areas shall be established and maintained. The rosters or a summary of the rosters shall bo retained for a pe riod of 20 years. The rosters and/or sum maries shall be provided upon request to authorized representatives of the Assist ant Secretary and the Director. In the event that the employer ceases business without a successor, rosters shall be for- removed. (ID Any equipment, material, or. item taken Into or removed from a ulated area shall be done so in a m: that docs not cause contaminant nonregulated areas or the extern:. vironmen t. (iii) Decontamination procedures be established and implemented : move 4.4'-Mcthyleno bis(2-ciilo: line) from the surfaces ot mat federal !, VOL. 39, NO. 125---THURSDAY', JUNE 27, 1974 BOR 004434 A-2 2 RULES AND REGULATIONS . (ficnt and the decontamination 'aeimy, (iv)J Dry sweeping and dry mopping <4> Prohibited- statements. No state ployecs may be potentially exposed shall ment shall appear on or near any re be reported in accordance with this'sub quired sign, label, or instruction which paragraph. (i) A report of the occurrence - are prohibited. (c) Signs, information and training-- contradicts or detracts from the effect of any required warning, information or of the incident and the facts obtainable at that time including a report on any i]) Signs. (I) Entrances to regulated instruction. medical treatment of affected employees * areas shall be posted with signs bearing, (5) Training and_ indoctrination, (i) shall be made within 24 hours to the the legend: . Cancep.-Suspect Ag^nt Each employee prior to being authorized nearest OSHA Area Director. to enter a regulated area, shall receive (ii) A written report shall be filed with a training and indoctrination program the nearest OSHA Area Director within Authorized Personnel Only including, but no't necessarily .limited 15-'calendar days thereafter and shall M) Entrances to regulated areas con taining operations covered m paragraph to: (a) The nature of the carcinogenic hazards of 4.4'-Methyiene bis(2-chloro- ,;tc}<S)' of'this'-section shall- be posted- . aniline.),- including local and systemic with signs bearing the legend: . 'toxicity;' ", '-" ... (b) The specific nature of the opera include; (a) A specification of -the' amount of material released, the amount of time involved, and an explanation of the- procedure used in determining this figure: ' '" ' '''' Cancer-Suspect Agent Exposed in This tion involving 4.4'-MothyIcne bis(2- (b) A description of the.area involved, ' ' area chloroanilino) which could result In ex and the extent of known and possible Impervious Suit Including Gloves, - Boots, and Air-Supi-lies Hood Re. quiRED at All Times '' Authorized Personnel Only posure : (c) The purpose for and application of the medical surveillance program, in cluding, as appropriate, methods of self- examination; employee exposure and area contamina tion ; and (c) A report of any medical treatment of affected employees and any medical surveillance program implemented; and (liil Appropriate signs and instruc <d) The purpose for and application (d) An analysis of the circumstances tions shall be ported at the entrance to, of decontamination practices and pur of the incident, and measures taken or and exit from, regulated areas, inform poses; ' . to be taken, with specific completion ing employees of the procedures that CC' The purpose for and significance dates, to avoid further similar releases. must be followed in entering and leaving of emergency practices and procedures; (g) Medical surveillance. At no cost to a regulated area. -. (/) The employee's specific role in the employee, a program of medical (2) Container contents identification. emergency procedures; surveillance shall be established and im (1) Containers of 4,4'-Methylene bis(2- (g> Specific information to aid the plemented for emploi'ees considered for chloroaniline) and containers required employee in recognition and evaluation assignment to enter regulated areas, and under paragraphs (c) (4) Cv) and Cc) (G) of conditions and situations which may for authorized employees. (1) Examina <vii) <b>. and (c) (G) (viii) <b) and (c) (7) result in the release of 4,4'-Methylenc tions. (i) Before an employee is assigned (ill) of this section which are accessible bis(2-chloroanilino); to enter a regulated area, a preassign- - only to, and handled only by, authorized Ui) The purpose for and application ment physical examination by a physi loyces, or by other employees trained of specific first aid procedures and prac cian shall be provided. The examination Icovclance with subparagraph (5) of tices ; shall include the personal history of the paragraph, may have contents iden (D-'A review -of tills. sectlon,.at .the, . employee, family and occupational back tification limited to a generic or propreimployee's first training and Indoctrina ground" inehfding-genetic -and -mvicon-t etary name, or other proprietary identtiion program and annually thereafter. mental factors. fication. of. the carcinogen and percent. fii) Specific emergency procedures (ii) Authorized employees shall be pro ... (U) Containers of 4,4'-Methylene bis- shall be prescribed, and posted, and em vided periodic physical examinations, not (2-cliloroaniline) and containers re ployees, shall be familiarized witli their less often than annually, following the quired under paragraphs (c)(4)<v), (c> terms, and rehearsed in their applica preassignment examination. (6) (viil <b), and (c) (G) (viii) <6) and (c) tion. ; . (iii) In all physical examinations, the (7) (ill) of this section which are acces (iii) All materials relating to the pro examining physician shall consider sible to, or handled by employees other - than authorized employees or employees gram shall be provided upon request to authorized representatives of the Assist whether there exist conditions of in creased risk, including reduced immuno trained in accordance with subparagraph ant Secretary and the Director. logical competence, those undergoing 5 of tills paragraph shall have contents' (1) Reports--(1) Operations. Not later identification which includes the full than March 1. 1574. the information re treatment with steroids or cytotoxic agents, pregnancy and cigarette smoking. , chemical name and Chemical Abstracts Service Registry number as listed in par agraph fa) U) of this section. - (Hi) Containers shall have the warn ing words "CANCER-SUSPECT AGENT" displayed immediately under or adjacent to the contents identification. <lv) Containers which have 4,4'- Methylene bls(2-chloroaniline) contents with corrosive or irritating properties shall have label' statements warning of such hazards, noting. If appropriate, par ticularly sensitive or affected portions " of the body. (3) Lettering. Lettering on signs and Instructions required by subparagraph (1) of this paragraph shall be a mini mum letter height of 2 inches. Labels on containers required under this section shall not be less than '/2 the size of the largest lettering on the package, and ^(t less than 3 point type In any in- quired in subdivisions (i), ill), (iii), and (iv) of this subparagraph shall be re ported in writing to the nearest OSHA Area Director. Any changes in such in formation shall be similarly reported in writing within 15 calendar days of such change, (i) A brief description and inpiant location of the area(s) regulated and the address of each regulated area; (ii) The name(s) and other identify ing information as to the presence of 4,4'-Methylene bis(2-ehloroanUlne) In each regulated area ; (Hi) The number of employees in each regulated area, during normal operations including maintenance activities; and (iv) The manner in which 4.4'-Mcthylcne bis(2-chloroaniline) is present in each regulated area; c.g. whether it is manufactured, processed, used, repack aged. released, stored, or otherwise handled. (2) Records, (i) Employers of em ployees examined pursuant to this para graph shall cause to be maintained com plete and accurate records of all such medical examinations. Records shall be maintained for the duration of the em ployee's employment. Upon termination or the employee's employment, including retirement or death, or in the event that the, employer censes business without a successor, records, or notarized true copies thereof, shall be forwarded by registered mail to the Director. (il) Records required by this para graph shall be provided upon request to authorized representatives of the Assist ant Secretary or the Director; and upon request of an employee or former em ployee, to a physician designated by the employee or to a new employer, (iii) Any physician who conducts a medical examination required by this ^pmcc; provided that no such required (2) Incidents. Incidents which result paragraph shall furnish to the employer lettering need be more than 1 Inch In in the release of 4,4'-Mcthylene bls(2- a statement of the employee's suitability height. chioroaniline) into any area where em- for employment in the specific exposure. FEDERAL REGISTER, VOt. 39, NO. 125--THURSDAY, JUNE 27, 1974 BOR 004435 ',23554 i ; *, RULES AND REGULATIONS * 8 1910<931 .Methyl ;c]i]urouicili>l ether, any portion of any employee's body other long-slceyed shirt and pants). and gloves '(a) Scope and application. (1) This section applies to any area in which methyl chloromcthyl ether, Chemical Abstracts Service Registry Number 107302 Is manufactured, processed, re packaged. released, handled, or stored, tiut shall not apply to trans-shipment in sealed containers, except for the labeling requirements under paragraphs (ei(2), (3>, ond (4)-bfthft.section. (2) This section shall not apply to solid or liquid mixtures containing less than .0.1 percent by weight or volume of . rtiethyl chlbromethyl ether, : ' a (b) Definitions, For the purposes of this section: (1) "Absolute niter'' is one capable of retaining 99.97 percent of a mono disperse aerosol of 0.3 particles. (2) "Authorized employee" means an employee whose duties require him to be in the regulated area and who lias been specifically assigned by the employer. <3) "Clean change .room" means a room where employees put on clean clothing and/or protective equipment in an environment free of methyl cliloro- methyl ether. Tiie clean change room shall be contiguous to and have an entry from a shower-room, when the shower room facilities are othci-wi.se required in this section. (4) "Closed system" means an opera tion involving methyl chioromethyl ether where containment prevents the release of methyl chioromethyl ether into regu lated areas, nomegu! .ted areas, or the external environment. ..;:(5).;"Dceontammation".tireans. the in, activation of methyl chioromethyl ether or its safe disposal. (6) "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. (7) "Disposal" means the safe re moval of methyl chloromcthyl ether from the work environment. .. . (8) "Emergency" means an unforeseen circumstance or set of circumstances re sulting in the release of methyl chioro methyl ether which may result in expo sure to or contact with methyl chioro methyl ether. (9) "External environment" means any environment external to regulated and nonregulated areas. (10) "Isolated system" means a fully enclosed structure other than the vessel of containment of methyl chioromethyl ether, which is impervious to the passage of methyl chioromethyl ether, and which would prevent the entry of methyl chioromethyl ether into regulated areas, nonregulated areas, or the external en vironment, should leakage or spillage from the vessel of containment occur. (11) "Laboratory type hood" is a de vice enclosed on three sides and the top and bottom, designed anti 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 than Iris hands'and arms. prior to entering the regulated'area. (12) "Nonregulated area" means any (lv) Employees engaged in methyl area imder the control of the employer cldoromethyl ether handling operations where entry and exit is neither restricted shall be provided with and required to nor controlled. wear and use a full-fate, .-upplicd air (13) "Open-vessel system" means an respirator, of the continuous how or operation involving methyl chioromethyl pressure-demand typo, in accordance ether ni an open vessel, which is not in with 5 1910.134. air isolated system, a laboratory type tv) Prior to each exit from a regulated hood, nor in any other system affording , area, employees shall be required to re equivalent protection against the entry move? and'leave protective clothing and of methyl chloromcthyl ether into regu equipment at the point of exit arm at the lated areas, nonregulated areas, or the last exit of the day, to piacc used cloth external, environment. ing and equipment in impervious con ' (1'4) "Protective clothing'''' means tainers-at the point of exit for purposes .. clothing designed, to protect an employee of decontamination or disposal. The con against contact with or exposure to tents of such impervious containers shall methyl chloroir.etlryi ether. be identified, as required under para (15) "Regulated area" means an area graphs (e) (2), (3), and (4) of this where entry and exit is restricted and section. controlled. (vi) Drinking fountains are prohibited (c) Requirements for areas containing in the regulated area. methyl chloromcthyl ether. A regulated (5) Maintenance and decontamination area shall be established by an employer activities. In cleanup of leaks or spills, where methyl chloromcthyl ether is man maintenance or repair operations on ufactured, processed, used, repackaged, contaminated systems or equipment, or released, handled or stored. All such any operations involving work in an. area areas shall be controlled in accordance where direct contact with methyl chioro with the requirements for the following methyl other could result, each author category or categories describing the op ized employee entering that area shall: eration involved: (1) Isolated systems. (i) Be provided with and required to Employees working with methyl chloro wear clean, impervious garments, includ mcthyl ether within an isolated system, ing gloves, boots and continuous-air sup such as a "glove box" shall wash their plied hood in accordance with 1910.134. hands and arms upon completion of the (ii) Be decontaminated before remov assigned task and before engaging in ing the protective garments and hood; other activities not associated with the (iii) Be required to shower upon re isolated system. moving the protective garments and (2) 'Closed- systcim operation: Within, ..hood., v. ., - . regulated areas where methyl chioro (6) Laboratory activities. Tire require methyl other is stored in scaled contain ments of this subparagraph shall apply ers, or contained in a closed system, in to research and quality control activities cluding piping systems, with any sample involving the use of methyl chloromcthyl ports or openings closed while, methyl ether, (i) Mechanical pipetting aids snail chloromcthyl ether is contained within. be used for all pipetting procedures. Access shall be restricted to authorized (ii) Experiments, procedures and employees only. equipment which could produce aerosols (3) Open vessel system operations. shall be confined to laboratory-type Open vessel system operations as defined hoods or glove boxes. in paragraph (b) (13) of this section are (iii) Surfaces on which methyl chioro prohibited. methyl ether is handled shall be pro (4) Transfer from a closed system, tected from contamination. charging or discharging point operations, . (iv) Contaminated wastes and animal or otherwise opening a closed system. In carcasses shall be collected in impervious operations involving "laboratory type hoods," or in locations where methyl containers which are closed and decon taminated prior to removal from the chioromethyl ether is contained in an otherwise "closed system," but is trans ferred. charged, or discharged into other normally closed containers, the provi work area. Such wastes and carcasses shall be incinerated in such a manner that no carcinogenic products are released. sions of this subparagraph shall apply, (i) Access shall be restricted to author (v) AH other forms of methyl chioro methyl ether shall be inactivated prior ized employees only: to disposal. (ii) Each operation shall be provided with continuous local exhaust ventila (vi) Laboratory vacuum systems shall be protected with high-efficiency tion so that air movement is always from scrubbers. ordinary work areas to the operation. Ex (vil) Employees engaged in animal haust air shall not be discharged to reg support activities shall be (a) provided ulated areas, nonregulated areas or the with, and required to wear, a complete external environment unless' decontam protective clothing change, clean each inated. Clean makeup air shall be intro day. including coveralls or pants and duced in sufficient volume to maintain shirt, foot covers, head covers, gloves, the correct operation of the local exhaust and appropriate respiratory protective system. equipment or devices; and (iii) Employees shall be provided with, (b) Prior to each exit from a regulated methyl chioromethyl ether within the and required to wear, clean, full body area, employees shall be required to re hood docs not require the insertion of protective clothing (smocks, coveralls, or move and leave protective ciothmg and KPERAt REGISTER, VOL 39, NO. 12J--THURSDAY, JUNE 27, TV74 BOR 004436 A-5 4 frviES AND REGULATIONS tqui^fe^ at the point of exit and at the tistl^Hi the day. to place used clothing and equipment in impervious containers it the point of exit for purposes of derontnmination or disposal. The contents ef such impervious containers, shall be Identified as required under paragraphs (2), (3). and (4) of this section. (c) Required to shower after th.c lasL Kit of the day, (viii) Employees, other than those en gaged only in animal support activities, each day shall be (a) provided with and required to wear a clean change of appro priate laboratory clothing, such as a solid front gown, surgical scrub suit, or fully buttoned laboratory coat. (b) Prior to each exit from a regulated area, employees shall be required to re move 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 decon tamination or disposal. The contents of such impervious containers shall be Iden tified ns required under paragraphs (e) <2>, (3), and (4) of this section. (c) Required to wash hands, fore arms, face and neck upon each exit from the regulated area close to the point of exit, and before engaging in other activi ties. (lx) Air pressure in laboratory'areas and animal rooms where methyl chloromethyl ether is handled and bioassay studies are performed shall be negative in ^Atfon to the pressure in surrounding ard^HSxhaust air shall not be dis- cha^W to regulated areas, nonrcgulated areas or the external environment unless decontaminated. <x) There shall be no connection be tween regulated areas and any other areas through the ventilation system. (xl) A current Inventory of methyl chloromethyl ether shall be maintained. ' (xit) Ventilated apparatus such as laboratory type hoods, shall be tested at least semi-annually or immediately after ventilation modification or maintenance operations, by personnel fully qualified to certify correct containment and operation. <d) General regulated area require ments,--(I) Employee identification. A daily roster of employees entering regu lated areas shall be established and maintained. The rosters or a summary of the rosters, shall be retained for a period of 20 years. The rosters and/or sum maries shall be provided upon request to authorized representatives of the Assist ant Secretary and the Director. In the event that the employer ceases business without a successor, rosters shall be for warded by registered mall to the Director. (2) Emergencies. In an emergency, immediate measures including, but not limited to, the requirements of subdivi sions (i). (il), (lii), (iv), and (v) of this subparagraph shall be Implemented. (1) Tiro potentially affected area shall be ej^Mjated as soon as the emergency has I^^Wctcrmlncd. Hazardous conditions created by the emergency shall be eliminated and the potentially affected area shall be de Cancer-Suspect Agent Exposed in This contaminated prior to the resumption of Area not mal operations. (ill) Special medical surveillance by a physician shall be instituted within 24 hours for employees present in the po tentially affected area at the time of-tho Impervious Suit Including Gloves, Boots, and Air-Supplied Hood P.e- 1 quired at All Times Authorized Personnel Only emergency. A report o the medical sur (lii) Appropriate signs and instruc veillance and any treatment shall be tions shall be posted at the entrance to, included in the incident report, in ac and exit from, regulated areas, informing cordance with paragraph (t)(2) of this employees of tiro procedures that must be section. followed in entering and leaving a regu (ivi Where an employee has a known lated area. contact with methyl chloromethyl ether, (2) Container contents identification. such employee shall be. required to (1) Containers of methyl chloromethyl shower as soon as possible, unless con ether and containers required under traindicated by physical injuries. paragraphs (c) (4) (vt and (c) (G) (vii) (v) An incident report on the emer gency shall be reported as provided in paragraph (f)(2) of this section, (3) Hygiene facilities and practices. (i) Storage or consumption of food, stor age or use of containers of beverages, storage or application' of cosmetics, smoking, storage of smoking materials, tobacco products or other products for chewing, or the chewing of such prod ucts, are prohibited in regulated areas. (il) Where employees wear protective clothing and equipment clean charge rooms shall be provided, in accordance with 5 1910.141(e). for the number of such employees required to change clothes. (iii) Where toilets are in regulated areas, such toilets shall be In a separate room. (b), and (c) (6) (viiixb) of this section which are accessible only to, and handled only by, authorized employees, or by other employees trained in accordance with subparagaph (5) of th;s para graph, may have contents identification limited to a generic or proprietary name, or other proprietary identification, of the carcinogen and percent, , (ii) Containers of methyl chloromethyl ether and containers required under paragraphs (c)(4)(v), (c) (6) (vii) (b>, and (c) (6) (viii) (b) of this section which are accessible to, or handled, by, em ployees other than authorized employees or employees trained in accordance with subparagraph (5) of this paragraph shall have contents identification which in cludes the full chemical name and Chem ical Abstracts Service Registry number as listed in paragraph (a)(1) of this (iv) Where employees are required by section. Oils section to shower, shower facilities (iii) Containers shall have the warn shall be provided in accordance with ing words "CANCER-SUSPECT AGENT" 5 1910.141(d) (1) and (2) (ii) through displayed immediately under or adjacent (vii), to the contents Identification,. (v) Where employees are required by (iv) Containers which have methyl this section to shower, shower facilities chloromethyl ether contents with cor shall be provided in accordance with rosive or irritating properties shall have 51910.141(d)(3). .. . label statements warning of such haz (4) Contamination control, (i) Regu lated. areas, except for outdoor systems, shall be maintained under pressure nega tive with respect to nonregulatcd areas. Local exhaust ventilation may be used to satisfy this requirement. Clean makeup air in equal volume shall replace air removed. (ii) Any equipment, material, or other item taken into or removed from a regu lated area shall be done so in a manner that does not cause contamination in nonregulatcd areas or the external en vironment. (Ill) Decontamination procedures shall be established and Implemented to re move methyl chloromethyl ether from the surfaces of materials, equipment and the decontamination facility. ards, noting, if appropriate, particularly sensitive or affected portions of the body. (3) Lettering. Lettering on signs and instructions required by subparagraph (1) of this paragraph shall be a minimum letter height of 2 Inches. Labels on con tainers required under this section shall not be less than Vi the size of the largest lettering on thq, .package, and not less than 3 point type in any Instance; Pro vided, That no such required lettering need be more than 1 inch in height. (4) Prohibited statements. No state ment shall appear on or near any re quired sign, label, or Instruction which contradicts or detracts from the effect of any required warning, information or instruction. (e) Signs, information and training-- (I) Signs, (t) Entrances to regulated areas shall be posted with signs bearing the legend; Cancer-Sitspect Agent Authorized Personnel Only (5) Training and indoctrination, (i) Each employee prior to being authorized to enter a regulated area, shall receive a training and Indoctrination program in cluding, but not necessarily limited to: (a) The nature of the carcinogenic haz ards of methyl chloromethyl ether, in (11) Entrances to regulated areas eon-, cluding local and systemic toxicity; tabling operations covered in paragraph (M Tiro specific nature of the opera (c) (5) of this section shall be posted tion Involving methyl chloromethyl ether with signs bearing tiro legend: which could result in exposure; -V FEDERAL REGISTER, VOl. 39, NO. 12S--THURSDAY, JUNE 27, 1974 BOR 004437 / h-75 . rssc RULES AND REGULATIONS (c) The purpose for and application' (d) An.analysis of the circumstances (2) "Authorized employee" means an of the medical surveillance program, in be taken, with specific completion dates, employee whose duties require him to be cluding. as appropriate, methods of self- of the incident, and measures taken or to'1 in the regulated area and who has been examination; to avoid further similar releases. specifically assigned by the employer. (d) Tire purpose ior and application of (g) Zledical surveillance. At no cost (3) "Clean change room" means a decontamination practices and purposes: to the employee, a program of medical room where employees put on clear, (e) The purpose for and significance surveillance shall be established and im clothing and/or protective equipment in of emergency practices and procedures: plemented for employees considered for an environment free of 3,3'-Dich2orc- - (/} The employee's specific role in aaMsmiieni to enter regulated areas, and benzidine cor its salts). The clean change emergency procedures; for: authorized employees. (1) Examina room shall be contiguous to and have ig) Specific information to aid* the tions. <i) Before an employee Is assigned an entry from a shower'room, when the employee in recognition and evaluation to enter a regulated area, a preassign* shower room facilities are otherwise re of conditions and situations which may ment physical examination by a physi quired in this section. result in the release o methyl chlcro- cian shall be provided. The examination (4) "Closed system'1 means an opera-, ,-mctbyL ether: .shall include ths>personnl history of- the' tion involving 3.2'-Diehlorobenzidine (of <h) The purpose for arid application employee, family and occupational back its salts) where containment prevents of specific first aid procedures and prac ground. including genetic and environ the release of 3,3'-Dich'.orobenzid:ne (cr tices: mental factors. its salts) into regulated areas, nonregu- <i) A review of this section at the em (ii) Authorized employees shall be pro latod areas, or the external environment. ployee's first training and indoctrination vided periodic physical examinations, not (5) "Decontamination" means the in program and a; nuafiy thereafter. less often than annually, following the activation of 3,3'-Dichlorobenzidine cr . (11) Specific emergency procedures preassignment examination. its safe disposal. shall be prescribed, and posted, and em (iii) In all physical examinations, the (6) "Director" means the Director. Na ployees shall be familiarized with their examining physician shall consider tional Institute for Occupational Safety terms, and rehearsed in their application. (iii) Ail materials relating to the pro gram shall be provided upon request to authorized representatives of the As sistant Secretary and the Director. (f) Reports--(1) Operations. Not later than March 1. 1974, the information required In subdivisions (I), (ii), (ill), and (Iv) of tlus subparagraph shall be reported in writing to the nearest OSKA Area Director. Any changes in such in formation shall be similarly reported in writing within 15 calendar days of such change. (1) A brief description and in- plant location .of^ the area(s) regulated ' and the address of each regulated area; (ii) The namc(s) and other identify ing information as to the presence of methyl chicrometiiyl ether in each regu lated area; (ill) The number of employees in each regulated area, during normal operations including maintenance activities; and (iv) The manner in which methyl chloromcthyl ether is present in each regulated area: c.g. whether it is manu factured. processed, used, repackaged, released, stored, or otherwise handled. (2) fneidenfs. Incidents which result In the release of methyl chloromethyl ether into any area where employees may be potentially exposed shall be reported In accordance with this subparagraph. (1) A report of the occurrence of the Incident and tire facts obtainable at that time including a report on any medical treatment of affected employees shall be made within 24 hours to the nearest OSHA Area Director. (il) A written report shall be filed with the nearest OSHA Area Director within 15 calendar days thereafter and shal'. in clude: (a) A specification of the amount of material released, the amount of time Involved, and an explanation of the pro cedure used in determining this figure; ' (b) A description of the area involved, and the extent of known and possible whether there exist conditions of in creased risk, including reduced immuno logical competence, those undergoing treatment with steroids or cytotoxic agents, pregnancy and cigarette smok ing. (2) Records. (1) Employers of employ ees examined pursuant to this paragraph shall cause to be maintained complete and accurate records of all such medical examinations. Records shall be main tained 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 suc cessor, records, or notarized true copies thereof, shall be forwarded by registered mail to the Director. (ii) Records required by this para graph shall be provided upon request to authorized representatives of the Assist ant Secretary or the Director; and upon request of an employee or former em ployee, to a physician designated by the employee or to a new employer. ; (iii) Any physician who conducts a medical examination required by this paragraph shall furnish to the employer a statement of the employee's suitabil ity for employment in the specific exposure. 2^)Hb92c 3,3'-Dichlorlicnzi<linc (and its sluts). (a) Scope and application. (1) Tills section applies to any area in which 3,3'Dichlorobenzidinc (or its salts), Chemi cal Abstracts Service Registry Number 91941 is manufactured, processed, re packaged, released, handled, or stored, but shall not apply to trans-shipment in scaled containers except for the labeling requirements under paragraphs (e)(2), (3). and (4) of this section. (2) This section shall not apply to solid or liquid mixtures containing less than 1 percent by weight or volume of and Health, cr any person directed by him or the Secretary of Health. Educa tion. and Welfare ;o act for the Director. (7) "Disposal" means the safe remov al of 3.3'-D:chlorobcnzidine (or its salts) from the work environment. (8) "Emergency" means an unforeseen circumstance or set of circumstances re sulting in the release of 3.3'-Dichlorobenxidinc (or its saits) which rr.av rerun in exposure to or contact with 3,3'Dichlorobenzidine (or its salts). (9) "Externa', environment" means any environment external to regulated and nonregulated areas,. .... (10) "Isolated system" means a fully enclosed structure other than the vessel of containment, of 3,3'-DIoklorobenzidine (or Its salts), which is impervious to the passage of 3,3'-Dichlorobcnzidine (or its salts) and which would prevent the entry of 3,3'-Dich!orobcnzidine (or its salts) Into regulated areas, nor.rcg- ulated areas, or the external environ ment, should leakage or spillage from the vessel of containment occur. (11) "Laboratory type hood" is 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: de signed, constructed, and maintained lr. such a way that an operation involving 3,3'-Dichloro'uenzldine (or its salts) within the hood does not require the in sertion of any portion of any employee's body other than his hands and arms. (12) "Nonregulated area" means any area under the control of the employer where entry and exit is neither restricted nor controlled. 1 (13) "Open-vessel system" means an operation involving 3.3'-Dichlorotcsw.iclinc (or its salts) in on open vessel, wlilch is not in an isolated system, a lab oratory type hood, nor in any other sys tem affording equivalent protection against the entry of 3,3'-Dicliloroben- employee exposure and area contamina 3,3*-Dichlorobenzidine (or its salts). zidine (or its salts) into regulated areas, tion; and (b) Definitions. For the purposes of nonregulated areas, or the external en - (c) A report of any medical treatment this section: (l) "Absolute filter" is one vironment. of affected employees, and any medical capable of retaining 99.97 percent of a (14) "Protective clothing" means surveillance program implemented; and mono disperse aerosol of 0 3 m particles. clothing designed to protect an employee * KDEIAl lEGISUR, VOL. 39, NO. 1 IS--THURSDAY, JUNE 27, ,1974 . BOR 004438 A-26 RULES XND REGULATIONS. `23557 onti^Wilh or exposure to 3.3'- (v) - Prior to each exit- from,a regu equipment at the point of exit, and at icnziomc (or Its salts). lated area, employees shall be required the last exit of the day-, to place uspd Regulated area" means an area to remove and leave protective clothing clothing and equipment in impervious Ury and exit Is restricted and and equipment at the point of exit and containers at the point of exit for pur dL at the last exit of the day, to place used poses of decontamination or disposal. 'rjuirements far areas contain- clothing and equipment in impervious The contents of such Imperrlous con DicbloroV:',nzi(Unc (or its saltsl. containers at the point of exit for pur tainers shall be identified as required .ted area shall be established by poses of decontamination, or disposal. under paragraphs (e)(2), (3), and (4) of layer where 3,3.'.-Dichlorobcnzi- - The contents of such impervious con this section. , its salts) ismanufactiired. proc-. tainers shall be identified, as required (c) Required to wash hands, forearms, ised, repackaged, released, han- under paragraphs- (c)(2), (3).,.a'nd (4), .face and neck upon each exit from the stored. All such areas shall be of this section. `regulated area, close tothe-pointof exit, ed in. accordance with the rc- (vi) Employees shall be required to and before engaging in other activities: mts lor the following category Wash hands, forearms, face and neck on and - gorics describing the operation each exit from 'the-regulated, area, close <rO. Required to shower after the last i; (1) Isolated systems. Employ- to the point of exit, and before engaging exit of the. day; rfcing with 3,3'-D:chlorobenzidine in other activities. (viii) Employees, other than those en salts) within an isolated system, (vii) Employees shall be required to gaged only in animal support activities, j a "glove box" shall wash their shower after the last exit of the day. each day shall be (a) provided with and and arms upon completion of the (viii) Drinking fountains are prohib required to wear a clean change of ap ^d task and before engaging in ited in the regulated area. propriate laboratory clothing, such as activities not associated with the (5) Maintenance and decontamina a solid front gown, surgical scrub suit, d system. tion activities. In cleanup of leaks or or fully buttoned laboratory coat. Closed system operation. Within spills, maintenance or repair operations ` (b) Prior to each exit from a regulated .ted areas whem 3,?'-DichIorobea- on contaminated systems or equipment, area, employees shall be required to re (or its salts) Is stored in sealed or any operations involving work in an move .and leave protective clothing and mere, or contained in a closed sys- area where direct contact with 3,3'-Di- equipment at the point of exit and at the includlng piping systems, with any chlorobenzidine (or Us salts) could re last exit of the day, to place used clothing !e ports or openings closed while sult, each authorized employee entering and equipment in impervious containers :>ichlorobenzid;nc (or its salts) is that area shall: (i) Ee provided with ; nd at the point of exit for purposes of de .ined within: (i) Access shall be required to wear clean, impervious gar contamination or disposal. The contents ctcd to authorized employees only; ments, including gloves, boots and con of such impervious containers shall be > Employee^ shall be required to tinuous-air supplied hood in accordance identified as required under paragraphs hands, forearms, face and neck with 51910.134. (e)(2), (3), and (4) of this section. each exit from the regulated areas, <ii) Be decontaminated before remov (c) Required to wash hands, forearms, to Jhe point of exit and before ing the protective garments and hood: face and neck upon each exit from the ginaflkther activities. . (ill) Be required to shower upon re regulated area dote to the point of exit, vessel system. ..operations. moving the protective garments and and before engaging in other activities. i vessel system operations as'defined hood. ' ' ....... t (ix) Air pressure in laboratory areas n-agraph <b) (13) of this section are , (6) Laboratory activities. The require ''&nd animal rooms where 3.3'-Djclfforo ibited. ments of tiffs subparagraph shall apply benzidine (or its salts) 1s handled and 1 Transfer from a dosed system, to research and quality control activities bioassay studies are performed shall be ding or discharging point operations, involving the use of 3.3'-Dlehlorobenzi- negative in relation to the pressure in heruiise opening a closed system. In dine tor its salts), (i) Mechanical pipet surrounding areas. Exhaust air shall not ations involving "laboratory type ting aids shall be used for all pipetting be discharged to regulated areas, nonreg Is." or In locations where 3.3'-DI- procedures. ulated areas or the external environment robcnzidlne (or its salts) is con- . <ii) Experiments, procedures and unless decontaminated. id In an otherwise "closed system," equipment which could produce aerosols (x) There shall be no connection be is transferred, charged, or dls- shall be confined to laboratory-type tween regulated areas and any other ged Into other normally closed Con hoods or glove boxes. areas through the ventilation system. ors, the provisions of this subpara- (iii) Surfaces on which 3,3'-Dichloro- (xi) A current Inventory of 3.3'-Di- h shall apply, (1) Access shall be benzidinc (or its salts) is handled shall chlorobenzsdine (or its salts) shall be Icted to authorized employees only: be protected from contamination. maintained. .) Each operation shall be provided tiv) Contaminated wastes and animal (xii) Ventilated apparatus such as : continuous local exhaust ventila- carcasses shall be collected In impervious laboratory type hoods, shall be tested at so that air movement Is always from containers which are closed and decon least semi-annually or,.immediately after nary work areas to the operation, taminated prior to removal from the ventilation modification or maintenance aust air shall not be discharged to work area. Such wastes and carcasses operations, by personnel fully qualified dated areas, nonregulated areas or shall be incinerated in such a manner to certify correct containment and external environment unless decon- that no carcinogenic products are operation. inated. Clean makeup air shall be aduccd In sufficient volume to main- thc correct operation of the local rust system. il) Employees shall be provided with, released. <v> All other forms of 3,3'-D!clfforo- benzidine (or Its salts) shall,be Inacti vated prior to disposal. (vi) Laboratory vacuum systems shall (d> General regulated area require ments--(l) Employee identification. A daily roster of employees entering regu lated areas shall bo established and maintained. The rosters or a summary required to wear, clean, full body bo protected with high-efficiency scrub of the rosters, shall be retained for a octlve clothing (smocks, coveralls, or bers or with disposable absolute filters. period of 20 years. The rosters and/or .-sleeved shirt and pants), shoe cov- (vii) Employees engaged' in animal summaries shall be provided upon re and gloves prior to entering the reg-- support activities shall bo (a) provided quest to authorized representatives of edarea, with, and required to wear, a complete the Assistant Secretary and the Director. v) Employees engaged in 3,3'-Di- protective clothing change, clean each In the event that the employer ceases robenzidJnc (or its salts) handling day, including coveralls or pants and business without a successor, rosters shall shall be provided with and shirt, foot covers, head covers, gloves, be forwarded by registered mall to the to wear and use a half-face, and appropriate respiratory protective Director. e respirator for dusts, mists, equipment or devices: and (2) Emergencies. In an emergency, im fumes, in accordance with 51910.131. (b) Prior to each exist from a regu mediate measures Including, but not espirator affording higher levels of lated area, employees shall be required to limited to, the requirements of subdi fectlon may be substituted. remove and leave protective clothing and visions (1), (11), (ill), (iv), and (v) of this FEDERAL REGISTER, VOL 39, NO. 12S--THURSDAY, JUNE 27, 1974 BOR 004439 4 A-2 7 . 2353S . - RULES AND REGULATIONS ................ cubparngraph shall be implemented. (i) : : . Cancer-Suspect Acprr including, but not necessarily limited to: Tho potentially affected area shall be .evacuated-as soon as the emergency has been determined. . (ii) Hazardous conditions created by Authorized Personnel Only (ii) Entrances to regulated areas con taining operations covered in paragraph (a) The nature of the-carcinogenic haz-. ards of 3.3'-Dichlorobenzidir.e (or its salts), including local and systemic toxicity: - the emergency shall be eliminated and (c) (5) of this section shall be posted with <t>) Tile specific nature of the opera ' the. potentially affected area shall be signs bearing the legend: tion involving 3,3'-DicUorober.md-.nc (or . decontaminated pnor to the resumption of normal operations. (ill) .Special niediqgl surveillance by a CancER-Susrcci Agent Exposed ln This Area its salts) which could result ;n exposure; (c) Thepurpa.se for-and application of the medical surveillance preyram, in physician shall bo instituted within 24' Impervious Suit Including Gloves,. cluding, as appropriate, me moas of self- hours for employees present in the po Boors, and Air-Supplied Hood Re examination: v. tentially affected area at the .tune of the quired at All Tidies (d) .Thc purpose tor and'application emergency.,,A report of the metrical, sur-. . 'Authorized Personnel Only of decontamination practices and pur veiHancc and any treatment shaH'bein--, cludcd in the incident report, in nccorci.ance with paragraph (ri (2) of this section. (ill)''Appropriate- 'signs'- and' instruc-.-. tlons shall be posted at the entrance to. and exit from, regulated areas, informing - (Iv) Where ar employee lias a known employees of the procedures that must be contact with 3,3'-Dichlorobmziciinc (or its salts), such employee shall bo re quired to shower .as soon as possible, un less contraindicated by physical injuries. (v) An incident report on the emer gency shall bo reported as provided in paragraph <f)(2i of this section. (3) Hygiene facilities and practices. (1) Storage or consumption of food, stor age or use of containers of beverages, storage or application of cosmetics, smoking, storage of smoking materials, tobacco products or other products for chewing, or the chewing of such prod ucts, are prohibited in regulated areas. (ii) Where employees arc required by this section to wash, washing facilities shall be provided in accordance with . 1910..1.41(d) (1) and (2)(ii) through (vil). ' (ill) Where employees are required by this section to shower, shower facilities shall be provided in accordance ` with 11910.141(d)(3). (iv) Where employees wear protective clothing and equipment clean change rooms shall be provided, in accordance with 51910.141(e), for the number of such employees required to change clothes. . (v) Where toilets arc in regulated 'areas, such toilets shall be in a separate room. (4) Contamination control. (1) Regu lated areas, except for outdoor systems, shall be maintained under pressure nega tive with respect to nonreguiated areas. Lo:r.l exhaust ventilation may be used to satisfy this requirement. Clean make followed in entering and leaving a regu lated area. (2) Container contents identification. (i) Containers of 3.3'-Dichlorobcnzidino (or its salts) and containers required under paragraphs (c)(4)(v) and (c) (G) (vil) (t>), and (c) (6) <viii) (b) of this sec tion which arc accessible only to, and handled only by, authorized employees, or by other employees trained in accord ance with subparagraph (5) of this para graph, may have contents identification limited to a generic or proprietary name, or other proprietary Identification, of the carcinogen and percent. ` (ii) Containers of 3,3'-Diclilorobenztdine (or its salts) and containers re quired under paragraphs (c)(4)(v), (c) (6) (vil) (to, and (c) (6) (viii) (b) of this section which are accessible to. or han dled b.v| employees other than.authorized employees or employees trained in ac cordance with subparagraph (5) of this paragraph shall have contents identifi cation which includes the full chemical name and Chemical Abstracts Service Registry number as listed in paragraph (a)(1) of this section. (iff) Containers shall have the warn ing words "CANCER-SUSPECT AGENT" displayed immediately under or adjacent to the contents identification. (iv) Containers which have 3,3'-Dichlorobehzidine (or its salts) contents with corrosive or irritating properties shall have label statements warning of such hazards, noting, if appropriate, par ticularly sensitive or affected portions of the body. poses; (c) .The-p&vposa.for and significance of emergency practices aiid procedures'; (/) The employee's specific role in emergency procedures: <g) Specific information to aid ihe em ployee in recognition and evaluation of conditions and situations which may resuit in the release of 3,3'-Dichlorctenzidine (or its suits); (A) The purpose for and application of specific first aid procedures and prac tices; (1) A review of this section at the em ployee's first training and indoctrination program'and annually thereafter. (ii) Specific emergency procedures shall be prescribed, and posted, and em ployees shail be familiarized with their terms, and rehearsed in their application. (iii) All materials relating to the pro gram shall be provided upon request to authorized representatives of the Assist ant Secretary and the Director, (f) Reports--(1) Operations. Not )ater-.tlianHl>;ai'cii. l, 1974, the informa tion required in subdivisions At), (ii), (iii), and (iv) of this subparagraph shall be reported in writing to the nearest OSHA Area Director. Any' changes in such information shall be similarly re ported in writing within 15 calendar days of such change, (i) A brief descrip tion and in-plant location of the area's) regulated and the address of each regu lated area: (ii) -The namc(s) and other identify ing information as to the presence of 3,3'-Dichlorobenzidine (or its salts) in each regulated area: (iii) The number of employees in each regulated area, during normal operations including maintenance activities: and (iv) The manner in which 3,3'-Di- up air In equal volume shall replace air (3) Lettering. Lettering on signs and chlorobenzldine (or its salts) is pre-sen: removed. Instructions required by subparagraph in each regulated area: e.g. whether it is (ii) Any equipment, material, or other (I) of this paragraph shall be a mini manufactured, processed, used, repack item taken into or removed from a regu mum letter height of 2 inches. Labels on aged, released, stored, or otherwise han lated area shall be done so in a manner containers required under this section dled. that docs not cause contamination in shall not be less than !a the size of the (2) Incidents. Incidents which result .nonreguiated areas or the external largest lettering on the package, and not in the release of 3,3'-Dichlorobenzidir.i environment. less than 8 point type in any instance: (or its salts) into any area where em (iii) Decontamination procedures shall Provided, That no such required lettering ployees may be potentially exposed ah--1 be established and implemented to re need be more than 1 inch in height. be reported in accordance with this sua- move 3.3'-Dichiorobeuzidinc (or its (4) Prohibited statements. No state paragraph. ii A report of the occurrer.se salts) from the surfaces of materials, ment shall appear on or near any re of the inc.dent and the foots ocmnabl. equipment and the decontamination quired sign, label, or Instruction which at that time including a report on am facility. contradicts or detracts from the eucct medical treatment of affected employees (iv) Dry sweeping and dry mopping of any required warning, information or shall be made within 24 hours to ii~ arc prohibited. Instruction. nearest OSHA Area Director. (e) Signs, information and training.-- (5) Training and indoctrination, (i) <ii) A written report shall be file, (1) Signs. (1) Entrances to regulated Each employee prior to being authorized with tho nearest OSILA Area Directs areas shall be posted with signs bearing to enter a regulated area, shall receive a within 15 calendar days thereafter rz the legend: training and indoctrination program shall include: (a) A specification of th federal Register, vol 39, no. 125---Thursday, June 27, 1974 BOR 004440 A-28 RULES AND REGULATIONS 23550 unt d^Paterlal released, the amount paragraphs'(el (2), (31, and (4) of this ether in an open vessel, which is not in , ime involved, and an explanation of section. , an isolated system, a laboratory type ! procedure used In determining this (2) Tills section shall not apply to solid hood, nor in any other.system affording re: or liquid mixtures containing less than equivalent protection against the entry . b) A description of the area Involved, 0.1 percent by weight or volume of bls- of bis-chloromethyi ether into regulated : the extent of known and possible chlorometliyl ether. areas, nonreguiated areas, or the external iloycc exposure and area contamlna- (bl Definitions. For the purposes of environment. n, and this section: (1) "Absolute filter" is one (14) "Protective clothing" means (e) A report of any medical treat- capable of retaining PD,37 percent of a clothing designed to protect an employee nt of adccted employees, and any mono disperse aerosol of 0.3 inn against contact with or exposure to bis- ?dlcal surveillance program irnple- particles. . < chloromethyl ether. ehted; and (2) "Authorized employee'' means an (15) "Regulated area" means ah area (d) An analysis of the circumstances employee whose duties require him to i)0 ' where entry and -exit Is restricted and : the Incident, and measures .taken <?r in the regulated area and who has been controlled. 5 be taken, with specific completion 'specifically.-assigned by the employer, (c) Requirements for areas containing ites, to avoid further similar releases. (3 > "Clean change room" means a room bis-chloromethyi ether. A regulated area . (g) Medical surveillance. At no cost to where employees put .on clean clothih'g shall he.established by an employer where he employee, a program of medical Mir- and/or protective equipment in an en bis-chloromcthyl ethef is manufactured, cillance shall be established and im vironment free of bis-chloromcthyl processed, used, repackaged, releasee!,' plemented for employees considered for ether. The clean change room shall be handled or stored. All such areas shall be assignment to enter regulated areas, and contiguous to and have an entry' from a controlled in accordance with the re for authorized employees. shower room, when the shower room quirements for the following category or (1) Examinations, (i) Before an em facilities are otherwise required in this categories describing the operation in ployee is assigned to" enter a regulated section. volved: (1) Isolated systems.. Employees area, a preassignment physical exam (4) "Closed system" means an opera working with bis-chloromethyl ether ination by a physician shall be provided. tion involving bis-chloromethyi ether within an isolated system, such as a The examination shall include the per where containment prevents the release "glove box" shall wash thc-lr hands and sonal history' of the employee, family and of bis-chloromcthyl ether into regulated arms upon completion of the assigned occupational background. Including areas, nonreguiated areas, or the exter- task and before engaging in other activ genetic and environmental factors. . nal environment. ities not associated with the isolated sys <10 Authorized employees shall be (5) "Decontamination" means the In tem. provided periodic physical examinations, activation of bis-chloromcthyl ether or (2) Closed system operation, within not less often than annually, following its safe disposal. regulated areas where bls-chloromethyl tlie preassignment examination. (C) "Director" means the Director. ether is stored In sealed containers, or (iii) In all physical examinations, the National Institute for Occupational contained in a closed system, including lining physician shall consider Safety and Health, or any person directed piping systems, with any sample ports or er^ there exist conditions of in- by him or the Secretary of Health. Edu openings closed while bis-ehlorometliyl rd'rMk,- including, reduced immu cation. and Welfare to act for the ether is contained within. Access shall be nological competence, those undergoing' treatment with steroids of cytotoxic agents, pregnancy and cigarette smoking. Director. restricted to authorized employees only. (7) ' "Disposal" means.the safe removal (3) Open vessel system operations. of bis-chloromcthyl ether from the work", . Open..vessel system operations as defined environment. in paragraph-(bMUy-otthis, section are , (2) Records, (i) Employers of employ ees examined pursuant to this paragraph shall cause to be maintained complete and accurate records of all such medical examinations. Records shall be main tained for the duration of the employee's ' employment. Upon termination of the , employee's employment, including rc tlrement or death, or in the event that the employer ceases business without a successor, records, or notarised true copies thereof, shall be forwarded by regisi tered mail to the Director. (U) Records required by this para graph shall be provided upon request to authorised representatives of the Assist1 ant Secretary or the Director; and upon request of an employee or former em ployee, to a physician designated by the . employee or to a new' employer, (iii) Any physician who conducts a medical examination required by this paragraph shall furnish to the employer a statement of the employee's suitabil ity for employment in the specific exposure. (8) `Emergency" means an unforeseen circumstance or set of circumstances re sulting in the release of bls-chlorometliyl ether which may result in exposure to or contact with bis-chloromcihyl ether. (9) "External environment" means any environment external to regulated and nonreguiated areas. (10) "Isolated system" means a fully enclosed structure other than the ves sel of containment, of bis-chloromethyi ether, which is impervious to the passage of, bis-chloromcthyl ether and which would prevent the entry of bls-chloromcthyl ether into regulated areas, nonregulatcd areas, or the external environ ment, should leakage or spillage from the vessel of containment occur. (11) "Laboratory type hood" is a de vice 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; de signed, constructed, and maintained in such a way that an operation involving prohibited. (4) Transfer from a closed system, charging or discharging point operc.Uons, or otherwise opening a closed system. In operations Involving "laboratory type hoods," or in locations where, blschloromethyl ether Is contained in an otherwise "closed system," but is trans ferred, charged, or discharged into other normally closed containers, the provi sions of this subparagraph shall apply. (i) Access shall be restricted to author ized employees only: (ii) Each operation shall he provided with continuous local exhaust ventilation so that air mo'vement is always from ordinary work areas to the operation. Exhaust air shall not be discharged to regulated areas, nonreguiated areas or the external environment unless decon taminated. Clean makeup air shall be introduced in sufficient volume to main tain the correct operation of the local exhaust system. (ill) Employees shall be provided with, and reouired to wear, clean, full body protective clothing (smocks, cov "1910.93I Iii-C!i'.oromctlnl ether. (a) Scope and'application. (1) This section applies to any area In which bischloromethyl ether, Chemical Abstracts Service Registry Number 5-ig83l is manu factured. processed, repackaged, released, handled, or stored, but shall not apply to trans-shipment in sealed containers, ex cept for the labeling requirements under bis-chloromcthyl ether within the hood docs not require the insertion of any por tion of any employee's body other than his hands and arms. (12) "Nonreguiated area" means any area under the control of the employer where entry and exit is neither restricted nor controlled. (13) "Open-vessel system" means an operation Involving bis-chloromethyi eralls. or long-sleeved shirt and pants), and gloves prior to entering the regu lated area. (iv) Employees engaged in bis-chloro methyl ether handling operations shall be provided with and required to wear and use a full-face, supplied air respira tor, of the continuous flow or pressuredemand type, in accordance with 51910.134. * FEDERAL REGISTER, VOL 39, NO, J5--THURSDaV, JUNE J7, 1974 ) BOR 004441 4 ' A-29 233C0. *. ,, ... -- RULES AND REGULATIONS (v) Prior to each exit from a. regu , (c). Required to, shower after the last Included in'the incident report, in a lated area, employees shall be required exit of the day. -' -cordanqe with paragraph (f; (2) of n to remove and leave protective clothing (viii) Employees, other than those en section. -. and equipment at the point- of exit and gaged only in animal support activities, (iv) Where an employee has a kno-- at the last exit of the day, to place used each day shall be (a) provided with and contact with bis-choromcthyl ether su clothing and equipment in impervious required to wear a clean change of ap employee shall be required to shower containers at the point of exit for pur propriate laboratory clothing, surli as a soon as possible, unless contraindiea; poses of decontamination or disposal. The solid front gown, surgical scrub suit, or by physical injuries, contents of such impervious containers fully buttoned laboratory coat, iv> An incident report on the erne shall be identified; as, required under ib) Prior to each exit from r. ie,;u!ated gency shall be i conca. as provided paragraphs (c`><2>, (33, and (4) ot this area; employees shall be required to re paragraph if) (2k of this seeuort. section. move and leave protective clothing and (3) Hygiene faculties and prache <vi) Drinking-fountains are prohibited equipment at the point of exit and at (i) Storage or consumption1 of foi in. the regulated area. the last exit of .the day, to place used .storage or use of conuinors ot iievt-r.r-' . (5) Maintenance and -decontanvuiq- , clothing and equipment in impervious storage or application of coamt-t: lion activities. In cleanup of leaks or containers at the-point .of exit lor pur smoking, storage of smoking mater:.. spills, maintenance or repair operations poses of decontamination or disposal.' tobacdo preduers-oi; other products : on contaminated systems or equipment, The contents of such impervious con chewing, or the chewing, of such rife or any operations involving work in an tainers shall be identified as required ucts. are prohibited in regulated are.is area where direct contact with bis- under paragiaphs (e)(2), (3), and (4) (ii) Where employees wear protect: chloromethy] ether could result, each au of this section. clothing and equipment clean char, thorized employee entering that area (c) Required to wash hands, forearms, rooms shall be prov.ded, in aceerdni. shall: (i) Be provided with and required face and neck upon each exit from tlie with 5 1910.141(e), for the number to wear clean, impervious garments, in regulated area close to the point of exit, such employees required to char, cluding gloves, boots and continuous-air and before engaging m other activities. clothes. supplied hood in accordance with (ix) Air pressure in laboratory areas (iii) Where toilets are in regula* i 1910.134. and animal rooms where bis-chloro- areas, such toilets shall be in a separ; (ii) Be decontaminated before remov rnethyl ether is handled and bioassay room. ing the protective garments and lioodr studies arc performed shall be negative (iv) Where employees are required (iii) Be required to shower upon re in relation to the pressure in surround this section to wash, washing facih:. moving the protective garments and ing areas. Exhaust air shall not be dis shall be provided in accordance hood. charged to regulated areas, nonregu- 5 1910.141(d) (I) and (2) iii) throe (C) Laboratory activities. The require Iated areas or the external environment (vii). ments of this subparagraph shall apply unless decontaminated. (v) Where employees are required to research and quality control activiiies (x) There shall be no connection be this section to shower, shower faciht. Involving tlie use of bis-chloromeihyl tween regulated areas and any otiier shall be provided in accordance w: ether, (i) Mechanical pipetting aios shall areas through the ventilation system. 5 1910.141(d) b>. be used for all pipetting procedures. (xi) A current inventory of b:s-chloro- (4) Contan..nation control. (1) Reg '' (ii) 'Experiments,- > procedures- and inethyl ether shall be maintained. lated areas, except for outdoor syste:. equipment which could produce aerosols ' - (xii) .Ventilated .apparatus such as shall be maintained under pressure shall be confined to laboratory-type laboratory type hoods, shall' be tested at -ft-tive vhih -resp.c-ct.tq nqnregulatec arc hoods or glove boxes. least semi-annually or immediately al ter Local exhaust ventilation hia'y'De used (iii) Surfaces on which bis-chloro- ventilation modification or maintenance satisfy this requirement. Clean make methyl ether is handled shall be pro operations, by personnel fully qualified air in equal volume shall replace , tected from contamination. to certify correct containment and removed. (iv) Contaminated wastes and animal operation. (ii) Any equipment, material, or ctk carcasses shall bo collected in impervious (U) General regulated area require item taken into or removed from a rc containers which are closed and decon ments--(1) Employee identification. A Ulatcd area shall be done so in a mar.: taminated prior to removal from the daily roster of employees entering regu that does not cause contamination work area. Such wastes and carcasses lated areas shall be established and nonregulated areas or the exten shall be incinerated in such a manner maintained. The rosters or a summary environment. that no carcinogenic products are of the rosters, shall be retained for a (iii) Decontamination procedures sh released. <v) All other forms of bis-chloro- methyl ether shall be.inactivated prior to disposal. (vi) Laboratory' vacuum systems shall bo protected with high-efficiency scrub bers. (vil) Employees engaged in animal support activities shall be (a) provided with, and required to wear, a complete protective clothing change, clean each day. including coveralls or pants and shirt, foot covers, head covers, gloves, and appropriate respiratory protective equip ment or devices; and (b) Prior to each exit from a regulated area, employees shall be required to re move and leave protective clotliing and equipment at tlie point of exit and at the last, exit of the day. to place used clothing and equipment in impervious period of 20 years. The rosters and/or summaries shall be provided upon re quest to authorized representatives of the Assistant Secretary and tlie Director. In the event that the employer ceases business without a successor, rosters shall be forwarded by registered mail to the Director. (2) Emergencies. In an' emergency, immediate measures including, but not limited to, the requirements of subdivi sions (i), (ii), (iii). (iv), and (v) of this subparagraph shall be implemented, (i) The potentially affected area shall be evacuated as soon as the emergency has been determined. (ii) Hazardous conditions created by the emergency shall be eliminated and the potentially affected area shall be de contaminated prior to the resumption of normal operations. be established ana implemented io . move bis-ebioremethyl ether from t surfaces of materials, equipment and : decontamination facility. (e) Signs, information and trainin'.. (1) Signs. (i> Entrances to regui.. areas shall be posted with signs bsm. the legend: Cancer-Suspect Agent .Authorizes Personnel Only (ii) Entrances to regulated areas * tabling operations covered in parag; (c) (5) of this section shall ue pc with signs bearing the legend: Cancer-Suspect Agent Exposes in Area Impervious Suit Including Gl Boots, and Air-Supplies Kood QUIREO AT ALL TIMES containers at the point of exit for pur (iii) Special medical surveillance by a poses of decontamination or dispor physician shall be mstituted within 24 Authorized Personnel Only The contents of such impervious con hours for employees present in tlie po (iii) Appropriate signs ar.d ra tainers shall be identified as required tentially affected area at the tunc of the tions shall fce posted at the entra: under paragraphs (e)(2), (3), and U> of emergency. A reiiort of the medical sur and exit from, regulated areas, mfc this section. veillance and any treatment shall be employees of ihe procedures that m FEDERAL REGISTER, VOL 39. NO. 125--THURSDAY, JUNE 17, 197* 004442 A-30 ' RULES~wND REGULATIONS 235GL ccl ii^^erJng and leaving a' regu- sult in tltt release of-.bls-chloromethyl cian shall be provided. The examination nrea. ether; ; _ Shall include the personal history of the Container contents identification. (it) The purpose for and application' employee, family arid occupational back mlntncrs of bis-chloromethyl ether of specific first aid procedures and ground, including genetic and environ containers required under para- practices; mental factors. is (c) (4) (v) and fc) (6) (vi)Xb), (i> A review of this section at the em (il) Authorized employees shall be c)(G).(viii> <b) of this section which ployee's first training and indoctrmation provided periodic physical examinations, cccssibie only to, c.nd handled only program, and annually thereafter. not less often than annually, following lUthori/cd employees, or by other til) Specific emergency procedures tiie preassigmnent examination. oyces trained in accordance .^ith shall be prescribed, and posted, and em tin.' In ah physical examinations, the nragraph (5) of tiffs paragraph, may ployees shall be familiarized with their examining physician shall consider contents identification limited to a terms, and rehearsed in their applica whether there exist conditions of in ric or proprietary name, or other tion. creased 'risk, including reduced immu 'rletary'identification.pf the carcino- <iii) All materials-relating to the pro nological competence, those undergoing and pereent. ' " ' ' ' ' gram shall be- provided upon request to treatment with stcriods or cytoioxic it Containers of bls-chloromethyl authorized representatives of tfi'c; Assist ; agents, pregnancy and cigarette smoking. ,-r and containers required under ant Secretary and ihe Director, : 12) 'Records. ' (ii Employers, of., can?, ographs (c)(4)(v), (c) (C) tvlij <fn, if) Reports--<1) Opcrciious. Not later ploy'ees examined pursuant to this para : (c) (G) (viii) lb) of this section which than March 1, 1974, the information re graph shall cause to be maintained com accessible to, or handled by. employ- quired m subdivisions (i), (iji, (iii), and plete and accurate records of all such other than authorized employees or <ivt of this subparagraph shall bo re medical examinations. Records shall be iiloyees trained in accordance with ported in writing to the.nearest OSHA maintained for the duration of the em jpavagraph (5) of this paragraph shall Area Director. Any changes in such in ployee's employment. Upon termination ve contents Identification which pr formation shall be similarly reported in of the employee's employment, including ides the full chemical name and Chem- writing within 15 calendar days of such retirement or death, or in the event that il Abstracts Service Registry number change, (1) A brief description and in- the employrr ceases business without a listed in paragraph (aid) of this piant location of the areals) regulated successor, records, or notarized true ction. and the address of each retaliated area; copies thereof, shall be forwarded by (iJi) Containers shall have the warning (ii) The name(s) and other identify registered mail to the Director. srds "CANCER-SUSPECT AGENT" ing information as to the presence of bis- (ii) Records required by this para splayed immediately under or adjacent chloromethyl ether in each regulated graph shall be provided upon request to r the contents identification. area; authorized representatives of the Assist (Iv) Containers which have bis-chloro- (iii) The number of employees in each ant Sccretray or the Director; and upon .ethyl ether contents with corrosive or regulated area, during normal operations ' request of an employee or to a new ritating properties shall have label Including maintenance activities; and employer. `dements warning of such hazards, (iv) The manner in which bis-cliJoro- (iii) Any physician who conducts a etii'j^tappronnr.te. particularly sensi- methyl ether is present in each regulated medical examination required by this k'o t^Bacted portions of the body. area; e.g. whether it is manufactured, paragraph shall furnish to the employer (3y^&tcrinsf. Lettering on;signs and .processed, used, repackaged, released, a statement of the employee's suitability aslrucUous required by subparagraph stored-, or otherwise handled. . . for employment in the specific exposure. 1) of this paragraph shall be a mini mum letter height of 2 Inches. Labels on (2) Incidents. Incidents which result in the release of bls-chloromethyl ether . 1910.931 ' bct'n*Nkph')(iylmink ... !v jntainers required under this section into any area where employees may be (a) Scope and application. (1) This ball net be less than ',! the size of the potentially exposed shall be reported in section applies to any area in. which .irycst Jett,ring on the package, and not accordance with this subparagraph, (i) beta-Nnphthylamine, Chemical Ab ess than R point type in any instance: A report of the occurrence of the inci stracts Service Registry Number 915DS is Provided. That no such required lettcr- dent and the facts obtainable at that manufactured, processed, repackaged, ag need be more than 1 Inch in height. time including a report on any medical released, handled, or stored, but shall not (4) Prohibited statements. No state- treatment of affected employees shall be apply to trans-shipment in sealed con sent shall appear on or near any re made within 24 hours to the nearest tainers, except for the labeling require quired sign, label, or instruction which OSHA Area Director. ments under paragraphs (e) (2), (3), and ,'ontradicts or detracts from the effect (ii) A written report shall be filed with (4)of this section. ;f any required warning, information or the nearest OSHA Area Director within (2) This section shall not apply to instruction. 15 calendar days thereafter and shall solid or liquid mixtures containing less (5) Training and indoctrination. (i> include; than 0.1 percent by weight or volume of Each employee prior to being authorized la) A specification of the amount of bcta-Naph Uiyiamine, to enter a regu' 1 :ti area, shall receive a material released, the amount of time (3) This section wall not apply to op training and in .ctrination program in involved, and an explanation of the pro erations involving the destructive distil cluding, but not necessarily limited to: cedure used in determining this figurD: lation of carbonaceous materials, such as (a) The nature of the carcinogenic haz (b) A description of the area involved, occurs in coke ovens. ards of bis-cliJoromethyl ether, including and the extent of known and possible <b) Definitions. Tor the purposes of local and systemic toxicity; employee exposure and area contamina this section: (1) "Absolute filter" is one lb) Tile specific nature of the oper tion; and capable of retaining 99.07 percent of a ation involving bls-chloromethyl ether (c> A report of any medical treatment mono disperse aerosol of 0.3 i*m particles, which could result in exposure; of affected employees, and any medical (2) "Authorized employee" means an (c) The purpose for and application surveillance program implemented; and employee whose duties require him to be of the medical surveillance program, in id) An analysis of the circumstances in the retaliated area and who has been cluding, as appropriate, methods of self- of the incident, and measures taken or specifically assigned by the employer. examination; to be taken, with specific completion (3) "Clean change room" means a Id) The purpose for and application dates, to avoid further similar releases, ' room where employees put on clean of decontamination practices and pur <g) Medical surveillance. At no cost to clothing and/or protective equipment in poses; the employee, a program of medical sur an environment free of beta-Xapht'nyla- . <c> The purpose for and significance veillance sis.ill be established and imple mine. The clean change room shall be jfcwnergency practices and procedures; mented for employees considered for as contiguous to and have an entry from a The employee's specific role In signment to enter regulated areas, and shower room, when the shower room fa eBR-gency procedures; for authorized employees. (1) Examina cilities are otherwise required in this (<?> Specific Information to aid the em tions. (i> Before an employee is assigned section. ployee in recognition and evaluation of to enter a regulated area, a preassign (4) "Closed system" means an opera conditions and situations which may re ment physical examination bv a physi tion Involving bcta-Naphlhylaminc FEDERAL REGISTER, VOl, 39, NO, 13 J--THURSDAY. JUNE 27, 1974 bor 4443 4 23562 ROLES AND REGULATION' "where containment prevents the release 'box" shall wash their hands and arms (viil) Drinking fountains are p o' bcta-Naphthylamlne Into regulated upon completion of. the assigned task and lted In the regulated area, areas, nonregulated areas, or the exter before' engaging In other activities not (5) .Maintenance and xlecontc nal environment. associated with the isolated system. tion activities. In cleanup of le. (5) 'Decontamination" means the In (2) Closed system operation. Within spills, maintenance or repair opci activation of beta-Naphthylamlnc or its regulated areas where beta-Naphthyl- on contaminated systems or cqui; . safe disposal. amine is stored in sealed containers, or where direct contact with beta- (C) "Director" means the Director. contained in a closed system, including thylammc could result, each ami, National Institute for Occupational piping systems, with any sample ports or employee entering that area ska. Safety and IlealLh. or any person di openings closed wiule beta-Naptnyl- Be provided with ar.d required te rected by him or the Secretary of Health, anime is contained within: <i; Access clean, impervious garments, lr,c Education, tind Welfare to act for .the shall be restricted to authorised employ gloves, boots and cor.tU.uous-air su .Director. ees only: hood in accordance with 5 1510.13 (7) "Disposal" means the cafe removal (ii) Employees shall be required to (11) Be decontaminated before r of bcta-Naphthylaminc from the wo. : wash hands, forearms,, face ar.d neck lng the protective garments and i environment,..' . ...... ..... upon each exit from the regulated areas, tlii) Ec required to shower upt (8) "Emergency" means an urtlcre- clote to thc point :of exit-and before.en mov.ing .xhc. protective gatmenu scen' circumstance or set of circum gaging ui other activities. hood. ' ' stances resulting In tlie release of beta- (3) Open vessel system operations. (6) Laboratory activities. Tlv Naphthylamine which may result in ex Open vessel system operations as defined quiremc-ntc of this subparagraph posure to or contact with bcta-Nr.phthyl- In paragraph (b) (13) of this section -are apply to research and quality c amine. prohibited. activities involving the use of (9) "External environment" means (4) Transfer from a closed system, Naphthylamir.c. (1) Mechanical , any environment external to regulated charging or discharging point operations, ting aids shah be used for ail pip and nonregulated. areas. or othcneisc opening a closed system. In procedures. (10) "Isolated system" means" a fully operations involving "laboratory type (11) Experiments, procedures enclosed structure oilier than the vessel hoods," or In locations where beta- equipment which could produce at of containment of bciu-Naphlhylamine, which is impervious to the passage of bela-Naphthylamine, and whicii would prevent the entry of bcta-Naphthylamlno into regulated areas, nonreeulatcd areas, or the external environment, should leakage or spillage from the ves sel of containment occur. (11) "Laboratory type hood" is a de vice enclosed on three sides and the top and bottom, designed and maintained so as to draw ear inward at an average ;linear face velocity .of .15.0 feet per nun- utc with a minlmtiriv of 155'feet per niiti- ute; designed, constructed, and main tained in such a way that an operation Involving bela-Naphthylamine witivin the hood does not require the insertion of any portion of any employee's body Other than his hands and arms. (12) "Nonregulated area" means any area under the control of the employer .where entry ar.d exit is neither restricted nor controlled. (13) "Open-vessel system" means an operation involving beta-Naphthylammc in an open vessel, which is not in an iso lated system, a laboratory type hood, nor In any other system affording equivalent protection against the entry of betaNaphLhyiamine into regulated areas, nonregulated areas, or the external environment, - (14) "Protective clothing" means Clothing designed to protect an employee against contact with or exposure to betaNaplithylamine. (15) "Regulated area" means an area where entry and exit is restricted and controlled. (c) Requirements for areas containing bcta-Naphthylaminc, A regulated area shall be established by an employer where bcta-Naphthylamlne is manufactured, .processed, used, repackaged, released, handled or stored. All such areas shall be controlled in accordance with the re quirements for the following category or "categories describing the operation in volved: (1) Isolated systems. Employees Naphthylamine Is contained in an other shall be confined to laboratory wise "closed system," but Is transferred, hoods or glove boxes. charged, or discharged into other nor (Hi) Surfaces on which beta-1 mally closed containers, the provisions of tins subparagraph shall apply. (1) Access thylamine Is handled shall be pro: from cor.t amir,at.on. shall be restricted to authorized em (lv) Contaminated wastes and a ployees only. (ii) Each operation shall be provided with continuous local exhaust ventilation so that air movement is always from ordinary work areas to the operation. Exhaust sir shall not be discharged to regulated areas, nonregulated areas or the' external environment unless decotisr taminated. Clean makeup air shall be Introduced m sufficient volume to main tain the correct operation of the local exhaust system. (Ui) Employees shall be provided with, and required to wear, clean, full body- carcasses shall be collected in Lnpe: containers which, are closed and t tamined prior to removal from the area. Such wastes and carcasses sh Incinerated In such a maimer th carcinogenic products are released (v) All other forms of beta-Nap: amine shall be inactivated prior : 'bSl.'--- .---c.-....- (vi) Laboratory vacuum systems be protected with high-efilcicr.cy ; bers or with disposable absolute f. (vil) Employees engaged in a support activities shall be (c) p: with, end required to wear, a co: protective clothing (smocks, coveralls, or protective clothing change, clear, long-sleeved shirt and pants), shoe cov day, including coveralls or pan: ers ar.d gloves prior to entering the reg `shirt, foot covers, head covers, ulated area. and appropriate respiratory pro (lv) Employees engaged In beta- equipment or devices; and Naphthylamine handling operations shall (Z>) Prior to each exit from a res be provided with and required to wear area, employees shall be required and use a half-face, filter-type respirator move ana leave protective clothir. for dusts, mists, and fumes, In accord equipment at the point of exit a ance with 51910.134. A respirator afford the last exit of the day, to pier, ing higher levels of protection may be clothing and equipment in imp. substituted. containers at the point of exit fc (v) Prior to each exit from a regulated poses of decontamination or d area, employees shall be required to re The contents of such impervioi move and leave protective clothing and tainers shall be identified as r equipment at the point of exit and at under paragraphs (e)(2),. i3), t the last exit of the day, to place used of this section. clothing and equipment in impervious (c) Required to wash hands, fo containers at the point of exit for pur face and neck upon each exit U poses of decontamination or disposal. The regulated area close to the point contents of such Impervious containers and before engaging in other ae shall be identified, as required under and paragraphs (e)(2), (3), and U) of this (d) Required to shower after section. 'exit of the day. (vi) Employees shall be required to (viii) Employees, other than ti wash hands, forearms, face and neck on gaged only in annual support a each exit from the regulated area, close each day shall be (a) provided v to the point of exit, and before engaging required to wear a clean chang in other activities. .propriate laboratory clothing, -> working with bcta-Naphtliylaminc with (vil) Employees shall bo required to solid front gown, surgical scrub in an Isolated system, such as a "glove shower after the last exit of the day. fully buttoned laboratory coat. FEDERAL REGISTER. VOL. 39, NO. 115--THURSOAV. JUNE 77, 1974 BOR 004444 % A-32 RUltw AND REGULATIONS rJHo each exit from a 'regu- (v) An Incident report on the emer graphs (0(4. and (c)(6)(vH)(h), i arca^unployccs shall be required gency shall be rctmted us .provided, in and <c> (O (vlii) (6) of this section which /move and leave protective clothing paragraph <fr<2) of this section/ arc accessible only to, and handled only equipment at the point of exit and (31 Hygiene facilities and practices. by, 'authorized. employees, .or by other last exit of the day, to place used <i> Storage or consumption of food, stor employees trained in accordance ` with `.;Jng nnd equipment in impervious age or use of containers of beverages, subparagraph (5> of this paragraph, may -lncrs at the point of exit for pur- storage or application of cosmetics, have contents identification limited to a of dcco'-vamination or disposal. .smoking, storage of. smoking materials. generic or proprietary name, or other . * contents of such impervious con- ' tobacco products or other products for proprietary identification, of the carcin- .rrs` shall' be identified as required chewing, or tire chewing of such prod .ogen and percent. -dr paragraphs (c> (2), (3)., ami'(4) ucts. are prohibited in regulated areas. (ii> Containers of beta-Naphthylamtr.e : tilts section. (ii) Where employees arc required by and containers required under para r,i Required to wash hands, forc- this section to wash, washing facilities graphs (c> (4i (v), (cfOMviiXb), ami friee and' neck .\ippn each exit shall be provided in accordance with (c) (G>` (viii) (b)'<Sf this section which arc am the regulated area-close'"to the .5.1910.141uli (1) and (2>(ii) through accessible to, or handled by employees r .nt of exit, and before encaging .in other than authorized employees or cm- .-her activities. hii/-Where employees are required by .ployees trained in accordance v.-ith sub fix' Air pressure in laboratory areas this section to shower, shower facilities paragraph-(M -of this, paragraph shall i-.d animal rooms v.-herc bcta-Naphthyl- shall be provided in accordance with' liavo contents .identification which in ;mlne is handled and bioassay studies 5 1910.141<d> (3). cludes the full chemical name and Chem ;re performed shall bo negative In rela (iv) Where employees wear protective ical Abstracts Service Registry number tion to the pressure in surrounding areas. clothing and equipmen* clean change as listed in paragraph (a) (1) of this sec Exhaust air shall not be discharged to rooms shall be provided, in accordance tion. regulated areas, nonregulatcd areas or with 5 1910.14KC). for the number of (iii) Containers shall have the warning the external envirorjnent unless decon such employees required to change words "CANCER-SUSPECT AGENT" taminated. clothes. displayed immediately under or adjacent <x> There shall be no connection bc- (v) Where toilets are in regulated to the contents identification. p.vren regulated areas and any other areas, such toilets shall be in a separate (iv) Containers which have beta- ureas through the ventilation system. room. Naphthyiamine contents with corrosive (xl) A current inventory of beta- (4) Contamination control. (1) Regu . or irritating properties shall have label Naphthylamine shall be maintained. lated areas, except for outdoor systems, statements warning of such hazards, not (xii) Ventilated apparatus such as shall be maintained under pressure neg ing, if appropriate, particularly sensitive Uboratory type hoods, shall be tested at ative with respect to nonregulatcd areas. or affected portions of the body. least semi-annually or immediately after Local exhaust ventilation may bo used to (3) Lettering. Lettering on signs and ventilation modification or maintenance satisfy this requirement. Clean makeup instructions required by subparagraph operations, by personnel fully qualified air in equal volume shall replace air (1) shall be a minimum letter height of ^knr.v correct containment and op- removed. 2 inches. Labels on containers required (H) Any equipment, material, or other under this section shall not be less than General rtgiHated, are.a..,require item taken into or removed from a reg- !! the size of the largest lettering on the ments--<1> Employee identification.' A .ulated area shall be done so in a manner package, and not Jess than 8 point type daily roster of employees entering regu that does'not cause-contamination in in any jnst nee: Provided, That no such lated areas shall be established and nonregulatcd areas or the external 'en-' . required lettering need be more than 1 maintained. The rosters or a summary of viromnent. inch in hi-icnt, ...... ........ .. Use rosters, shall be retained for a period (Hi) Decontamination procedures shall (4) Prohibited statements. Ho'staffed' of 20 years. The rosters and/or sum be established and implemented to re ment shall appear on or near any re maries shall be provided upon request to move beta-Naphtliylamine from the sur quired sign, label, or instruction which authorized representatives cf the Assist faces of materials, equipment and the contradicts or detracts from the effect of ant Secretary and the Director. In the decontamination facility. any required warning, information or in event that the employer ceases business without a successor, rosters shall be for warded by registered mail to the Director. (2) Emergencies. In an emergency. Immediate measures including, but not limited to, the requirements of subdivi sions (i). (H), (iii), (iv). and <v) of this subparagraph shall be implemented, (i) The potentially affected area shall be evacuated as soon as the emergency has been determined. . (11) Hazardous conditions created by the emergency shall be eliminated and the potentially affected area shall be de contaminated prior to the resumption of normal operations. . (Hi) .Special medical surveillance by a physician shall be instituted within 24 hours for employees present in the po tentially affected area at the time of the emergency. A report of the medical sur' veillancc and any treatment shall be in cluded in the incident report, in accord ance with paragraph (f) (2) of this section. (iv) Where an employee has a known (iv) Dry sweeping and dry mopping are prohibited. (e) Signs, information and training-- (1) Signs. <i) Entrances to regulated areas shall be posted with signs bearing the legend: CANcrs-STjsrECT Agent Authorized Personnel Only (11) Entrances to regulated areas con taining operations covered in paragraph (c) (5) of this section shall be posted with signs bearing the legend: CANCER-SuSrECT AGENT EXPOSED IN THIS Area Impervious Suit Including Gloves, Boots, and AJc-Surrueo Hood Re quired at All Times Authorized Personnel Only (Hi) Appropriate signs and instructions shall be posted at the entrance to, and exit from, regulated areas, informing employees of the procedures that must bo followed in entering and leaving a struction. (5) Training and indoctrination, (i) Each employee prior to being authorized to enter a regulated area, shall receive a training and indoctrination program in cluding, but not necessarily limited to: la) The nature of the carcinogenic haz ards of beta-Naphtliylamine, including local and systemic toxicity; lb) The specific nature of the opera tion involving beta-Naphtliylamine wliich could result in exposure; (c) The purpose for and application of the medical surveillance program, in cluding, as appropriate, methods of selfexamination; (d) The purpose for and application of decontamination practices and pur poses; (e) The purpose for and significance of emergency practices and procedures; lf) The employee's specific role in emergency procedures; lg) Specific information to aid the em ployee in recognition and evaluation of conditions and situations which may re sult in the release of beta-Naphthyla- contact with bcla-Napththylamine. such regulated area. mine; employee shall be required to shower as (2) Container contents identification. lh) The purpose for and application cf soon ns possible, unless contraindicated (1) Containers of bcta-Naphthylnmine specific first aid procedures and prac by physical injuries. and containers required under para tices; FEDERAL REGISTER, VOl. 39, NO. 115--THURSDAV, JUNE 27, 197* BOR 004445 A-3uJ .233&I RULES AND REGULATIONS <i) A review of this section at the em- (U) Authorized employees shall be p.. Safety and Health, or any person : pldyee's first training- and Indoctrination v(dcd periodic physical examinations, not rected by him or the Secretary of Hcai program and annually thereafter. less often than annually, following, the Education, .and Welfare to act for (11) Specific emergency procedures preasslsnmcnt examination, Director. ' ' ' .- - . .i shall be prescribed, and posted, and em (iii) In ail physical examinations the <7> "Disposal" means the safe reme ployees shall bo familiarized with their examining physician shall consider of Benzidine from the work envlrcnnw terms, and rehearsed In their applica Whether there exist conditions of In (8) "Emergency" means an unfc tion. '' creased risk, including reduced immuno seen circumstance or set of circu . (Ill) All materials relating to the pro logical competence, those undergoing stances resulting in the release of E gram shall be provided upon request to treatment with steroids or cytotoxic zidme wltich may result in. exposure authorized representatives of the Assist agents, pregnancy ar.d cigaiette smoking. or contact, with, Benzidine. ant Secretary-and the Director. (2) Records, (i) Employers of employ (0) "External environment" me . - (f) Reports--fl) Operations. Not later ees examined pursuant to tiffs paragraph any environment external to rcgula than March 1. 1071, the information re shall cause to bo maintained complete and nonregulated areas. quired in subdivisions (i>, (ii), (hi), and and accurate records of all such medical (1C) "Isolated system" means a f' tlvKof Whs subparagraph shall- be re examination ]. Records shall be inaiii- enclosed structure ether'than the vc ported In writing .to the nearest. OSHA tained-for the.duration of the employee's of containment cf Benzidine, whici Area Director. Any chances in such in employment. Upon termination' of the Tri-spi-rvious to the. passage,of Bemud formation shall be similarly reported in employee's employment. Including retire and which would prevent the entry writing within 15 calendar days of such ment or death, or in the event that the Benzidine int-o regulated areas, r.oi-.rc change, (i) A brief description and in- employer ceases business without a suc lated areas, or the external environ;;: plant location of the arca(s) regulated cessor, records, or notarized true copies should leakage or spillage from the `\ and the address of each regulated area; thereof, shall be forwarded by registered scl of containment occur. <li> The nair.c(s) and other identify mail to the Director. (11) "Laboratory, type hood" is'a - ing Information as- to the presence of (ii) Records required by this para vice enclosed on three sides and the beta-Naphthyhmhne in each regulated graph shall be provided upon request to and bottom, designed and rr.aintair.e-- area; authorized representatives of the Assist as to draw air inward at an aver, (iil) The number of employees in each ant Secretary' or the Director; and upon linear face velocity of 150 feet per mir. regulated area, during normal operations request of an employee or former em with a minimum of 125 feet per in. Including maintenance activities: and ployee, to a physician designated by the designed, constructed, and maintaine, <iv) The manner in which beta- employee or to a new employer. such a way that an operation invoh Nnphthylaminc is present in each regu (iii) Any physician who conducts a Benzidine vrithia the hood does net lated area; c.g. whether it is manufac medical examination required by this quire the insertion of any portion of. tured, processed, used, repackaged, re paragraph shall furnish to the employer employee's body other than his hr. leased, stored, or otherwise handled. a statement of the employee's suitabuity and arms. (2) Incidents, Incidents which result for employment in the specific exposure. (12) "Nonrcgulated area" means : .In the release of beta-Naphthylamine Into any area where employees may be Benzidine. potentially exposed shall be reported in (a) Scope and application. (1) This _ accordance with this subparagraph. (i> section applies to any area in which ` A report'of Utc'occurrence of the incident. ^Bjenzidine, Chemical Abstracts Service area under the control of the c-rr.pi; where entry and exit is neither result nor controlled. (13) "Open-vessel system" means operation involving Benzidine in an c- and the facts obtainable at that time Registry`NUihbe?' 92875-is ma-nufaetured, ..vessel*.which-is net m an isolated ; Including a report on any medical treat ment of affected employees shall be made processed, repackaged, released, handled, or stored, but shall not apply to trans tern, a laboratory 'type hood;' hor In r other system affording equivalent r within 21 hours to the nearest OSHA shipment in sealed containers, except for tection against the entry of 3crux, Area Director. the labeling requirements under para into regulated areas, nomegulated an (ii) A written report shall be filed with graphs (e)(2), (3), and (4) of this sec or the external environment. the nearest OSHA Area Director within tion.- (14) "Protective clothing" me 15 calendar days thereafter and shall in 12) This section shall not apply to clothing designed to protect an errpic clude: (a) A specification of the amount solid or liquid mixtures containing less against contact with or exposure of material released, the amount of time than 0.1 percent by weight or volume in Benzidine. Involved, and an explanation of tire pro Benzidine. (15) "Regulated area" means an t cedure used in determining this figure; (b) Definitions. For the purposes of where entry and exit is restricted (b) A description of the area involved, this section: (1) "Absolute filter'' is one controlled. and the extent of known and possible capable of retaining 99.97 percent of a (c) Requirements for areas cental- employee exposure and area contamina tion; (c) A report of any medical treatment mono dispense aerosol of 0.3 mn particles. (2) "Authorized employee" means an employee whose duties require him to be Benzidine. A regulated area shall be tablished by an employer where Et. dine is manufactured, processed, u of affected employees, and any medical in the regulated area and who has been repackaged, released, handled or s:c surveillance program implemented; and specifically assigned by the employer. All such areas shall be roiurclled in . (d) An analysis of the circumstances (3) "Clean change rooa '* mc-ans a cordance with the requirements fc; of the incident, and measures taken or room where employees put on clean following category or categories ces to be taken, with specific completion clothing and/or protective equipment in Ing the operation involved: (1) Iso dates, to avoid further similar releases. an environment free of Benzidine. The systems. Employees working with E <g> Medical surveillance. At no cost to clean change room shall bo contiguous dine within an isolated system, such the employee, a program of medical sur to and have an entry from a shower "glove box'.' shall wash their hand; veillance shall be established and im .room, when the shower room facilities arms upon completion of the ass plemented for employees considered for are otherwise required in tins section. task and before engaging in other a assignment to enter regulated areas, and (4) "Closed system" means an opera ties not associated with the isolate, for authorized employees. (1) Exantina tion involving Benzidine where contain tem. tions. (i) Before an employee is assigned ment prevents the release of Benzidine (2) Closed system operation. V. to enter a regulated area, a preassign into regulated areas, nonrcnulated areas, regulated areas where Eeruuck: ment physical examination by a physi or the external environment. stored In sealed containers, or con: cian shall be provided. The examination (5) "Decontamination'' means the in in a closed system, including ; shall include the personal history of the activation of ' Benzidine or its safe systems, with any sample ports or employee, family and occupational back disposal. ings dosed while Benzidine is cor. ground, including genetic and environ (6) "Director" means the Director. within; U> Access shall be resists mental factors. . ' National Institute for Occupational authorized employees only; federal register, voi. 39, no. i25~thursday, june 2 T, 19X4 BOR 004446 4 A-34 RUtei AND REGULATIONS' ` SSoG-'i <li) ^Mloyces shall be 'required to . (ill) Be. required to .shower upon re exit, and before engaging in 'other -<h l^rois,- forearms, face and neck moving the protective ' garments and activities. .. eon each exit from the regulated areas. hood. (lx) Air pressure In-laboratory-areas 5e to the ]>oint of exit and before cn- (C) Laboratory activities. The require and animal rooms where Benzidine' is : ging in other activities. ments of this subparagraph shall apply handled and bloassay studies arc per (3) Oven vessel system operations, to research and'quality control activities formed shall be negative in relation to men vessel system operations as defined involving the u~e of Benzidine. CD the pressure in surrounding areas. Ex paragraph (b) (13) of this section are . Mechanical pipetting aids shall be used haust air shall not be discharged to regu rohibited. for all pipetting procedures. lated areas, nonregulntcd areas or the (4) Transfer from,-a closed ^system, (ii) Experiments, procedures and external environment unless decontami .barging or discharging point, operations, equipment winch could produce aerosols nated. ;f otherwise opening a closed system. In Thatl be ' confined" to. laboratory-type . (x) There shall be no connection be -orations' involving "laboratory type hoods or glove boxes. tween regulated areas and any other hoods," or in Idea!ions where Eenzichne (in) Surfaces on .which Benzidine Is areas through the ventilation'system. a contained in an' otherwise "closed handled, shad bo protected from con (xi) A current inventory of Benzidine rrstem," but IS transferred, charged. or tamination'.'' ) '* . . . ... .shall be maintained. discharged Into other normally closed <Iv) Contaminated wastes and animal (xii) Ventilated apparatus such as containers, the provisions of this sub- carcasses shall be collected in impervious laboratory type hoods', shall'be tested'at paragraph shall apply. (1) Access shall containers which are closed and decon least semi-annually or Immediately alter ie restricted to authorized employees taminated prior to removal from the ventilation modification or maintenance only; work area. Kuch wastes and carcasses operations, by personnel fully qualified to (ill Each operation shall be provided shall be Incinerated in such a manner certify correct containment and opera with continuous local exhaust ventilation that no carcinogenic products are tion. so that air movement is always from released. (d) General regulated area require ordinary work areas to the operation. (v) All other forms of Benzidine shall ments--(1) Employee identification. A Exhaust air shall not be discharged to be inactivated prior to disposal. dally roster of employees entering regu regulated areas, nonrcgulated areas or (vi) Laboratory vacuum systems shall lated areas shall be established and the external environment unless decon be protected with hlgh-effieicncy scrub maintained. The rosters or a summary taminated. Clean makeup air shall be bers or with disposable absolute filters. of the rosters, shall bo retained for a introduced In sufficient volume to main (vil) Employees engaged in animal period of 20 years. The rosters and/or tain the correct operation of the local support activities shall be (a) provided summaries shall be provided upon re exhaust system. with, and required to wear, a complete quest to authorized representatives of the (lil) Employees shall be provided with; protective' clothing change, clean each Assistant Secretary ar.d the Director. In and required to wear, clean, full body day, Including coveralls or pants and the event that the employer ceases busi protective clothing (smocks, coveralls, or shirt, foot covets, head covers, gloves, ness without a successor, rosters shall be long-sleeved shirt and paints), shoe and appropriate respiratory protective forv.-nrdcd by registered mail to the CMC and gloves prior to entering the equipment or devices; and Director. ..r^^Rcd area. tb) Prior to each exit from a regu (2) Emergencies. In an emergency'. ' xW-Employees engaged.in Benzidine lated area, employees shall be required Immediate measures including, but not handling operations shall be provided' to`remove and- leave.,project!,re clothing limited to, the requirements of subdlvl- with and required to wear and use a half- and equipment at the point of exit' and ' sldrts (1) ,-'(li),.,(iiU. .(lv).,.,_and (v) of this ' face, filter-type respirator for dusts, at the last exit of the day, to place used subparagraph shall be implemented.' Cl) mists, and fumes. In accordance with clothing and equipment In Impervious The potentially affected area shall be ' 51510.134. A respirator affording higher containers at the point of exit for pur evacuated as soon as the emergency has levels of protection may be substituted. poses of decontamination or disposal. been determined. (v) Prior to each exit from a regulated Hie contents of such impervious con (11) Hazardous conditions created by area, employees shall be required to re tainers shall be Identified as required the emergency shall be eliminated and move and leave protective clothing and under paragraphs (e)(2), (3). and (4) the potentially affected area shall be de equipment at the point of exit and at the of tills section. contaminated prior to the resumption of last exit of the day, to place used cloth <c> Required to wash hands, forearms, normal operations. ing and equipment in Impervious con face and neck upon each exit from the (iii) Special medical surveillance by a tainers at the point of exit for purposes regulated area close to the point of exit, physician shall be instituted within 24 of decontamiup tion or disposal. The con and before engaging In other activities; hours for employees present In the po-. tents of such impervious containers shall mid tentially affected area at the time of the be identified, as required under para graphs <e>(2>, (3), and <4) of this sec tion. . <vi) 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. (vii) Employees shall be required to shower after the last exit of the day. (vill) Drinking fountains are prohib ited in the regulated area. <51 Maintenance and decontamina tion activities. In cleanup of leaks or spills, maintenance or repair operations on contaminated systems or equipment, where direct contact with Benzidine could result, each authorized employee entering that area shall: (i) Ec provided ith and required to wear clean, im- (<f) `Required to shower after the last exit of the day. MU) Employees, other than those en caged only in animal support activities, each day shall be (a) provided with and required to wear a clean change of ap propriate laboratory clothing, such ns a solid front gown, surgical scrub suit, or fully buttoned laboratory coat. (b) Prior to each exit from a regu lated area, employees shall be required to remove and leave protective clothing and equipment at the point of exit and at the hist exit of the day, to place used clothing and equipment In Impervious containers at the point of exit for pur poses of decontamination or uhposal. The contents of such Impervious con tainers shall be Identified as required emergency. A report of the medical sur veillance and any treatment shall be In cluded in the incident report. In accord ance with paragraph' (f)(2) of this section. (lv> Where an employee has a known contact with Benzidine such employee shall be required to shower as soon as possible unless contraindicated by phys ical Injuries. (v) An Incident report on the emer gency shall be reported ns provided in paragraph (f)(2) of tliis section. (2) Hygiene facilities and practices. (i)Storage or consumption of food, stor age or use of containers of beverages, storage or application of. cosmetics, smoking, storage of smoking materials, tobacco products or other products for Kenlous garments. Including gloves, under paragraphs (c)(2), <3), and (4) chewing, or the chewing of such prod sots and contlnuous-alr supplied hood of this section, ucts, are prohibited in regulated areas. In accordance with 1910.134. (c) Required to wash hands, fore (11) Where employees are required by (11) Be decontaminated before remov arms, face and neck upon each exit from this section to wash, washing facilities ing the protective garments and hood; the regulated area close to the point of shall be provided In accordance with No. 12! 0 EEDERAl REGISTER, VOL 39, NO. 123--THURSDAY, JUNE 27, 1974 BOR 004447 23SQ6 -- ROLES AND REGULATIONS i 1010.141(d) a>- and. (2) (in through trained In accordance with subparagraph writing within IS calendar days of su (vil).. (5) or this paragraph shall-have con change, (i) A brief description and ! (iil) Where employees arc required by tents Identification which includes the plant location of the areals> rcgulau this section to shower, shower facilities full chemical name and Chemical Ab and the address of each regulated area shall be provided in accordance with stracts Service Registry number as listed (ID Tiie namcisi and other 'dentil J l910.141(dX3)4. In paragraph (aXl) of this section. ins information as to the presence (iv) Where employees wear protective (iii) Containers shall have the warn Benzidine in each regulated area; clothing unci equipment clean change ing words "CANClfri-SUSPUCT AGENT" (iii) The number of employees rooms shall be provided, in accordance displayed immediately under or adja each regulated area, during norm with S 1010.141(0, for the number of cent to the contents identification, operations including maintenance actn such employee^- required . to change uv) Containers which have Benzidine ties: and clothes. contents' with corrosive or .irritating (iy) The manner in which Benzidine tv) ' Where toilets are in regulated properties sliall have label statements present In each regulated area; e areas, such toilets shall be in a separate warning of such hazards, noting, if ap whether it is manufactured, prbeesse room. . . . ... .. . propriate, particularly sensitive or af used, repackaged, released, stored, (4) Contamination control, (i) Reg-- fected portions qf the body. . . otherwise handled. uiated areas, except for outdoor systems, (3) Lettering. Lettering on sfgiWand" - (2)"/ncidc{ifs..Incidents wliich rest shall be maintained under pressure nega instructions required by subpaiagraph in the release of Benzidine into any ar. tive with respect to nonrcgulatcd areas. (1) of tills paragraph shall be a m.annum where employees may be potentially e Local exhaust vcnt.lafion may be used to letter height of 2 inches. Labels on con posed sliall be reported in accoruar. satisfy this requirement. Clean makeup tainers required under this section shall with this subparagraph. (i> A report air in equal volume shall replace air re not bo less than Vs the size of the larg the occurrence of the incident and t moved. est lettering on the package, and not less facts obtainable at that time includ.rm til) Any equipment, material, or other than S point type in any instance: Rro- report on any medical treatment Item taken into or removed from a reg vidcd, That no such required lettering affected employees shall be made v.-.th ulated area shall be done so in a manner need be more than 1 inch in height. 24 hours to the nearest OSHA Area Dire that docs not cause contamination in (4) Prohibited statements. No state tor. nonrcgulalcd areas or the external en ment sliall appear on or near any re (ii) A written report shall be filed wi vironment. quired sign, label, or instruction which the nearest OSHA Area Director vn:. (iii) Decontamination procedures shall contradicts or detracts from the effect of 15 calendar days thereafter and sh be established and implemented to re any required warning, information or Include: (a) A specification 'of t move Benzidine from the surfaces of ma instruction. amount of material released, the araca terials, equipment and the decontamina (5) Trai?ii?:g and indoctrination, (i) of time involved, and an explanation tion facility. Each employee prior to being authorized the procedure used in determining ti (Iv) Dry sweeping and dry mopping to enter a regulated area, shall receive a figure: are prohibited. training and indoctrination program in (b> A description of the area involve (e) Signs, information and training.-- cluding, but not necessarily limited to: and the extent of known and post-.. (I) Signs. (1) Entrances to regulated (o) The nature of the carcinogenic employee exposure and area contain!:: areas siiaU he^.<?5tcd.Yfith signs bearing hazards of Benzidine, Including local and tlon; and tire legend: '; " -systemic, toxieijy; _ Sj (c) A report of any medical treatm Cancer-Suspect Acent Author: id Personnel Only (i The specific riature t>f'the'Wpttr.. of affected- employees, and any re.ez: Uon involving Benzidine which could re surveillance program' in:piemenicae. sult in exposure; id) An analysis of the circumstnr. (ii) Entrances to regulated areas con (c) The purpose for and application of the incident, and measures taker, taining operations covered in paragraph of the medical surveillance program, in to be taken, with specific compic; (c) (5) of this section shall be posted with cluding. as appropriate, methods of self- dates, to avoid further similar releu signs bearing the legend: Cancer-Suspect Agent EttrosEo in This Area Impervious Suit Including Gloves, Boots, and Air-Supplied Hood Re quired at All Times Authorized Personnel Only (iii) Appropriate signs and instruc tions shall be posted at the entrance to, and exit from, regulated areas, inform ing employees of the procedures that must be followed In entering and leaving a regulated area. (2) Container contents identification. (i) Containers of Benzidine and contain ers required under paragraphs (c) (4) (v> and (cXGXviiXb), and (c)(6)(viil)(t>) of this section which are accessible only to, and handled only by, authorized em ployees, or by other employees trained in accordance with subparagraph (5) of this paragraph, may have contents iden tification limited to a generic or proprie tary name, or other proprietary identifi examination: (d) The purpose for and application of decontamination practices and purposes: (c) The purpose for and significance of emergency practices and roccdures; (/) Tho employee's specific role in emergency procedures: (g) Specific information to aid the omplos'co in recognition and evaluation of conditions and situations wliich may result in the release of Benzidine: (ft) The purpose for and application of specific first aid procedures and prac tices; (i) A review of this section at the em ployee's first training and indoctrination program and annually thereafter. (ii) Specific emergency procedures shall be prescribed, and posted, and em ployees shall be familiarized with their terms, and rehearsed in their applica tion. (iii) All materials relating to the pro gram shall be provided upon request to authorized representatives of the Assist ant Secretary and the Director. (g) Medical surveillance. At no c to the employee, a program of me a surveillance shall be established and plemented for employees considered assignment to enter regulated ateas. for authorized employees. (1) Liam tions. (i) Before an employee .s as;:; to enter a regulated area, a preass ment physical examination by a ph cian shall be provided. The examin:. shall include the personal history o: employee, family and occupational fc ground, including genetic and err. mental factors. (ii) Authorized employees she', provided periodic physical examira not less often than annually, fed the preassignment examination. (iii) In all physical examination examining physician shall cc whether there exist conditions < creasetTrisk. including reduced ere.: logical competeace, those ur.ae treatment with steroids or cy agents, pregnancy and cigarette sn cation, of the carcinogen and percent, (I) Jlcports.--(1) Operations. Not later (2) Records, (i) Employers c . (ii) Containers of Benzidine and con than-March 1. 1974, the information re ployees examined pursuant to the tainers required under paragraphs (c) quired in subdivisions (i), (ii). (iii), and graph shall cause to be rr.amtmze (4) (v). (cKGXviiXlD, and (c) (G) (viil) (iv) of tlUs subparagraph shall be re pletc ar.d accurate records of a (b) of this secLion which are accessible ported in writing to the nearest OSHA medical examinations. Records - to, or handled by employees other than Area Director. Any.changes in such in maintained for the duration of t authorized employees or employees formation shall be similariy reported in ployee's employment. Upon term vFEDERAL REGISTER, t. 39, NO, 12S--THURSDAY, JUNE 17. 1974 BOR 004448 4 A-3 6 RtfteS AND REGULATIONS 2:ir,f,7 !: th^Bmloycc's employment, Including (lb) "Isolated system'; means a fully operations Involving 'laboratory type retirement or clcnth, or in the event that enclosed structure other than the vessel, hoods," or in locations where 4-Aminodi- the employer cca-scs business without a of containment of 4-Aminodiphcnyl, phen'yl' is. contained in an otherwise accessor, records. or notarized true cop which is Impervious to the passage of "closed system," but is transferred/ ies thereof, shall be forwarded by reg 4-Aminodiphenyl, and which would pre charged, or discharged.into other nor istered mail to the Director. ' vent the entry' of 4-Aminodiphenyl into mally closed containers, the provisions (11) Records .required by this para regulated areas, nonregulatcd areas, or of tills subparagraph shall apply. <i> graph shall be provided upon'request to the.external environment, should leakage Access shall be restricted to authorized Ruthorizcd .representatives of the Assist- or spillage from the vessel-of contain employees only: cat Secretary or the Director t^nd upon ment occur. . (ii) Each operation shall be provided request of an employee or former cm- ' (11) 'VLab.oratoi-y time hood" is a de with continuous local exhaust ventilation ployce, to a physician designated by tlsc vice enclosed on three sides and the top so that air. movement is always from employee or to a new employer. and bottom, designed and maintained ordinary work areas to the operation. Ex (tii) 'Any' physician wbo .conducts a so ns to draw cir inward at an average haust air shall not be discharged to regu^ medical examination reauired by this' iinctiT face velocity of, 190 feet per minute latcd areas, nonregulatcd areas or tire paragraph shall furnish to the employer with a minimum of li?5-fcet per minute; .external enuroument unless decontam a statement of the employee's suitability designed, constructed, and maintained ' inated: Clean makeup, air.shah be m: re for employment in the specific exposure. in such a way that an operation involv duced in sufficient volume to maintain.- 4-Aniitni(l!pIienyI. ing 4-Aminodiphenyl within the hood the correct operation of the local exhaust docs not require the insertion of any system. (a) Scope and application. (1) Tills portion of any employee's body other (iii) Employees shall be provided with, section applies to any area in which 4- than his hands and arms. and required to wear, clean, full body Aminodiphcnyl. Chemical Abstracts (12) "Nonreguiatcd area" means any protective clothing (smocks, coveralls, or Service Registry Number 92G71 is manu area under the control of the employer long-sleeved shirt and pants), shoe, factured. processed, repackaged, re- where entry and exit is neither restricted covers and gloves prior to entering the I leased, handled, or stored, but shall not nor controlled. regulated area. , apply to trans-shipment in sealed con- (13) "Open-vessel system" means an tiv) Employees engaged in 4-Amino- I talncrs, except for the labeling require- operation Involving 4-Aminodiphenyl in diphenyl handling operations shall be ! ments under paragraphs (c) (2), (3). and an open vessel, which is not in an isolated provided with and required to wear and (4) of this section. system, a laboratory type hood, nor in rise a half-face, filter-type respirator lor > (2) This section shall not apply to any other system affording equivalent dusts, mists, and fumes, in accordance solid or liquid mixtures containing less protection against the entry of 4-Amino- with 5 1910.134. A respirator affording > than 0.1 percent hy weight or volume of diphenyi into regulated areas, nonreg- higher levels of protection may be sub ; 4-AmJnodlphcnyl, ulaied areas, or tire external environ stituted. i (b) Definitions. For the purposes of ment. (v) Prior to each exit from a regulated ; ijzte section: (1) "Absolute filter" is one (14) "Protective clothing" means area, employees shall be required to re .... .^^Bblc of retaining 99.07 percent of a clothing designed to protect an employee move and leave protective clothing and disperse aerosol .qf 0.3 yin particles, against contact with or exposure to 4- equipment at the point of exit and at the (2) "Authorized employee'1 menus an*. Aminodjphenyl. last exit of the day, to place used clothing J employee who-e duties require him to be ' (15) 'Tte'guidted area" means..an area and equipment In impervious containers i in the regulated area and who has been where entry and exit is restricted and' at the point, of esit. for.purposes oi de { specifically assigned by the employer. controlled. contamination or disposal Thecontents.. : (3) "Clean change room" means a (c> Requirements for areas contain-, of such impervious containers shall be | room where employees put. on clean ing 4-Aminodiphenyl. A regulated area identified, as required under paragraphs I clothing and/or protective equipment in .-..hail be established by an employer where (e)(2). (3), and (4) of this section. ' an environment free of 4-Amlnodiphenyl, 4-Amincdiphcnyl is manufactured, proc (vi) Employees shall be required to j The clean change room shall bo con- essed, used, repackaged, released, han wash hands, forearms, face and neck on ! tlguous to and have an entry from, a dled or stored. All such areas shall be each exit from the regulated area, close shower room, when the shower room controlled In accordance with the re to the point of exit, and before engaging j` facilities arc otherwise .equired in tills quirements for the following category in other activities, | section. or categories describing the operation (vii) Employees shall be required to (4) "Closed system" means an opera Involved: (1) Isolated systems. Employ shower after the last exit of the day. tion Involving 4-Aminodiphenyl where ees working with 4-Ainir.odiphenyl with (viii) Drinking fountains are pro ; containment prevents the release of 4- in an isolated system, such as a "glove hibited in the regulated urea. Aminodiphenyl into regulated areas, box" shall wash their hands and anus (5) Maintenance and decontamina , nonregulatcd area, or the external cu- upon completion of the assigned task and tion actii'ities. In cleanup of leaks or ; vironment. before engaging in other activities not spills, maintenance or repair operations i (5) "Decontamination" means the in- associated with die isolated system. on contaminated systems or equipment, i activation of 4-Aminodiphenyl or its safe (2) Closed system operation. Within' where direct contact with 4-Aminodi > disposal. regulated areas where 4-Aminodiphcnyl phenyl could result, each authorized em- ( <6) "Director'* means the Director, is stored in sealed containers, or con 'ployee entering that area shall: ti) Ee ! National- Institute for Occupational tained in a closed system, including pip provided with and required to wear . Safety and Health, or any person, dlTcctcd by him or the Secretary of Health, ing systems, with any sample ports or openings closed while 4-Aminodiphenyl clean, impervious garments, including gloves, boots and continuous-air supplied Education, and Welfare to act for the is contained within: (1) Access shall be hood in accordance with s 1910.134. Director, restricted to authorized employees only; (il) Be decontaminated before remov (7) "Disposal" means the safe removal (ii) Employees shall be required to ing the protective garments and hood: of 4-Aminodiphenyl from the work en wash liands, forearms, face and neck (ill) Be required to shower upon re vironment. upon'each exit from the regulated areas, moving the protective garments and ($) "Emergency" means an unfore close to tile point of exit and before en hood. seen circumstance or set of circum gaging in other activities. (C) Laboratory activities. The require stances resulting in the release of 4- (3) Open vessel system operations. ments of this subparagraph shall apply Aminodiphenyl which may result in ex Open vessel system operations as defined to research and quality control activities posure to or contact with 4-Aminodl- In paragraph (b) (13) of this section are involving the use of 4-AmincQiphenyl. (D . phenyl. prohibited. Mechanical pipetting aids shall be used <9) "External environment" means (4) Transfer from a closed system, for all pipetting procedures, any environment external to regulated charging or discharging point operations, Cli) Experiments, procedures and ' and nonregulatcd areas. or otherwise opening a closed system. In equipment which could produce aerosols FEDERAL REGISTER, VOL 39, NO. US--THURSDAY, JUNE 27, 1974 BOR 004449 y A-37 . 233CS RULES AND REGULATIONS t * shall confined .to laboratory-type (x) There, shall be no connection be such employees required to cha; hoods or glove boxen. tween regulated -ardaS- rind any other : clothes. (lil) Surfaces oil wlfich 4-Aminodl- areas through the ventilation system, (v) Where toilets arc in rc-guia* pl'.enyl is handled shall be protected from (Xi) A current inventory of 4-Ammo- areas, such toilets shall be m a separ contamination. diphenyl shall be maintained. room. <lv) Contaminated wastes and animal (xii) Ventilated apparatus such as (4) Contamination control, (i) Rc; l carcasses shall be collected in impervious laboratory type hoods, shall be tested at lated aro-tts, except for outdoor svitci containers which arc closed and decon least semi-a;mually or immediately uiLer shall be maintained under presruro na taminated prior "to removal from the ventilation modification or.maintenance tive with respect to nonreguiaU-d a:v work area. Such wastes and carcasses operations, Ly petsonnel fully qualified 'Local exh:.u-i votudation may be shall be incinerated m such, a manner, to., certify* correct containment and to satisfy this requirement, cic that no car, mogenic products are re operation. ' . makeup air in equal volume shall rep!: leased. <d) General regulated area require- air removed. (v) All other forms of 4-Aminodi- ments--fl). Employee identification. A (ii) Any equipment, material, or of: phcnyl .shall bo, mucfivaled, pitor to daily rosier of employees entering regu- item taken into or moved fro;.-, a rc.. ' disposal' ` `' ` ''luted areas- shall be established- and- lated area shall do dine so-fu- a- mar,: (vi) Laboratory vacuum systems shall maintained. The rosters, or a summary that docs not cause contamination be protected with huth-clii! uncy scrub- of the romeis, shall be retained for a nonregulaicd areas or the extort . bers or with disposable absolute filters. period of 20 years. The rosLers and/or environment. <vii> Employees engaged in animal summaries shall be provided upon re (ifi) Decontamination procedures sh support activities shall be (a) provided quest to authorised representatives cf be established e.nd implemented to 1 with.- t.nd required to wear, a complete the Assistant Secretary and the Director. move 4-Amiuodiphcnyl irom the enrfat protective clothing change, clean each In the event that the employer ceases of materials, equipment and the dcco day, including coveralls or pants and business without a successor, rosters shall tanunatioa facility. shirt, foot covers, head covers, gloves, and be forwarded by registered mail to the (iv) Dry sweeping and dry mopp. appropriate respiratory protective equip Director. arc prohibited. ment or devices; and (2) Emergencies. In an emergency, (c) Signs, information and training (b) Prior to each exit from a regulated immediate measures including, but not (1) Signs, u) Entrances to regular, area, employees shall be required to re limited to. the requirements of subdivi areas shall be posted with signs bear:, move and leave protective clothing and sions til, (it), (iiii, <iv), and (v> of this the legend: equipment at the point of exit and at the subparagraph shall be implemented, (i; Cancf:p.-Sus;-ect Ac ext last exit of the day, to place used cloth The potentially affected area shall be Authorized Personnel Only ing and equipment in impervious con tainers at the point of exit for purposes of decontamination or disposal. The con tents of such impervious containers shall be identified as required under para evacuated as soon as the emergency has been determined. <ii) Hazardous conditions created by the emergency shall be eliminated and the potentially affected area shall be (ii) Entrances to regulated areas cc taining operations covered in parxyrx (c) (5) of this section shall bo posted v,. signs bearing the legend: graphs (e)(2), (3), and (4) of this sec decontaminated prior to the resumption Cancer-Suspect Agent Exposed e tion. of normal operations. This Area ' " (c> Required ttf'wntta hands, forcnriffs, face and neck upon each exit from the regulated area close to the point of exit, and before engaging ia other activities; and (d) Required to shower after the last exit of the day. (ifi) Special'medlifal surVeiflw'-ie liy a''Impervious'* SUtt Including '''GLbv physician shall be instituted within 24 Boots, and Air-Supplied Kood F hours for employees present in the po quir.Eu at All Times tentially affected area at the time of the emergency. A report of the medical sur Atmiok.izED Personnel Only veillance and any treatment shall be (iii) Appropriate signs and ir.str. included in the incident report, in ac tions shall be ported at the entrance (viii) Employees, other than those en cordance with paragraph (f) (2) of this and exit from, regulated areas, inform gaged only in animal support activities, each day shall be (a) provided with and required to wear a clean change of ap propriate laboratory clothing, such as a solid front gown, surgical scrub suit, or fully buttoned laboratory coat. <b) Prior to each exit from a regu lated 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 m impervious containers at the point of exit for pur poses of decontamination or disposal. The contents of such impervious containers shall be identified as required under par agraphs (e)(2), (3), and (4) of. this section. , (c) Required to wash hands, forearms, face and neck upon each exit from the regulated area close to the point of exit, and before engaging in other activities. section. (iv) Where an employee has a known contact with 4-Aminodiphenyl such em ployee shall be required to shower as soon as possible, unless contraindicated by physical injuries. (v) Air incident report on the emer gency shall be reported as provided in paragraph (f) (2) of this section. (3) Hygiene facilities and practices. (1) Storage or consumption of food, stor age or use of containers of beverages, storage or application of cosmetics, smoking, storage of smoking materials, tobacco products or other products for chewing, or the chewing of such prod ucts, are prohibited in regulated areas. (ii) Where employees are required by this section to wash, washing fnciliUcs shall be provided in accordance vnh S 1910.141(d) U; and (2) (ii) through employees of the procedures that m be followed in entering and leaving regulated area. (2) Container contents identifeaty (i> Containers of 4-Auunodipher.yl a containers required under paragit.;. (c) (4) (v) and (c) <6) (vii) <b). and (6)(viii) (b) of this section which accessible only to, and handled only ; authorized employees, or by other c. ployces trained in accordance with y paragraph (5) of tins parr graph, t have contents identification l.mitcd : generic or proprietary name, or ot proprietary identification, of the care, gen and percent. (ii) Containers of 4-Aminodipht and containers required under p,: graphs (c)*4i(v). (c><e*(vu.-<l>). (c) (6) (v:ui ib) of this section winch accessible to. or handled by. ctriple: other than authorized employees or (ix) Air pressure in laboratory areas (vii). ployecs trained hi accordance with ; and animal roams where 4-Amiiiodi- (iii) Where employees are required by paragraph to) of this paragraph t phcnyl is handled and bio-.;,say studies this section to shower, shower facilities have contents identification winch are performed shall be negative in rela shall bo provided in accordance with chides the full chemical name and Cl: tion to the pressure in surrounding au-as. 5 1010.141(d) (3). ical Abstracts Service Registry r.uz Exhaust air shall not be discharged to (iv) Where employees wear protective as listed in paragraph (a)(1) of regulated areas, uonrcgulatcd areas or clothing and equipment clean change section. ' 1 thc cxlcrnal environment unless decon rooms shall be provided, in accordance (hi) Containers shall have the v. taminated. with .5 1010.141(c), for the number of mg words "CANCER-SUSPECT AGE! Federal REGISTER, VOL. 39. NO. 125--THURSDAY1, JUNE 27, 197*' BOR 0044S0 A-3^ RULL^ aND REGULATIONS' 233fi`d ,,iyc^^wnori'iatcly under or adjacent (ill) The number of employees In each authorized rep* ntatlves of the Assist ic conWus identification. regulated area, during normal operations ant Secretary or the Director; and upon Containers which have 4-Aminodi- including maintenance activities; and request .of an employee or former em nyl contents with corror.ivc or irri- civ) The manner in which 4-Amino ployee, to a physician desiimated by the ng properties shall have label state- diphcnyl is present in eaeh regulated employee or to a new employer, its warning of such hazards, noting, area; c.g. whether it Is manufactured, rill) Any physician who conducts a appropriate. particularly sensitive or processed, used, repackaged, rolcmed, medical examination required by tins acted post ions of the body. stored, or otherwise handled. paragraph .she.il furnish to the employer .3) Lettering. Lettering on signs and (2) fnridents. Incidents which result a .statement of the employee's sustabd.ty mictions required, by subparagraph in the release of `.-Ammodiphcnyl into for employment in the specific exposure. ) shall be a minimum letter height of inches. Labels on containers required any area where employees may be po tentially exposed shall be reported in ^ JilUylcnciniiitc,1 .der this section shall not be less than accordance with thii: subparagraph. (H A ia? -Scope, and cppJicctwn. (1) Tills rthe'size of. the'.Iargeit iettei ing on the sefcage, and not less titan's point type.m ay instance: Provided, That no such vcaircd lettering need be moi e than 1 inch a height, (4) Prohibited statements. No state ment shall appear on or near any re quired sign* label, or instruction which :ontrocllcts or detracts from the effect of any required warning, information or instruction. .(5) Training and indoctrination, <i> Each employee prior to being authorized to enter a regulated area, shall receive a training and indoctrination program including, but not necessarily limited to: (a) The nature of the carcinogenic haz ards of 4-Ammodiphenyl, including local rnd systemic toxicity; <b) The specific nature of the opera tion Involving 4-Aminodiphcnyl which could result in exposure; (c) Tlte purpose for and application of tMtecdical surveillance program, inas appropriate, methods of self- e3Mmation; . id) The purpa e for and application of decontaminate >ractic'-s and purposes; (e) The pur e for and significance of emergency practices and procedures; (/) The employee's specific role In emergency procedures; <ff) Specific information to aid the report c: the occurrence of the incident .and tile facts obtainable a* that tunc in cluding" a report-.-on- any medical treat ment of affected employees rhk!I be made within 24 hours to the nearest OSIIA Area Director. <ii> A written report shall be filed with the nearest OSJ4A Area Director within 15 calendar days thereafter and shall in clude; (a) A specification of the amount of material released, the amount of time involved, and an explanation of the procedure used in determining this figure; i b' A description of the area involved, and the extent of known nnd possible employee exposure and area contamina tion; and (ei A report of any medical treatment of affected employees, and anv medical surveillance program implemented; and <d) An analysis of the circumstances of the incident, and measures taken or to be taken, v.ivh sperific completion dates, to avoid further similar releases. (g) Medical surveillance. At no cost to (lie employee, a .program of medical sur veillance shall be cstalfi'shed -ami' Im plemented tor employees considered for assignment to enter regulated areas, and for authorized employees. U) examina tions. (1) Before an employee is assigned to enter a regulated area, a preassign section applies to any area' in which Ethyleneimine. Chemical Abstracts Serv ice Registry Number 15I5G4 is mr.nu- .factured, piocessed, repackaged; released, handled; or'.stored, but shall not apply to trans-shipment in'scaled container?.' except for the labeling requirement* under paragraphs (e)t2>, 13', and '4> of this section. <2) Tins section shall r.ot apply to solid or liquid mixtures containing le*-? than 1.0 percent by weight or volume of Ethj leneumne. <b) Definitions, For the purposes of this section; (1) "Absolute filter'' is one capable of retaining 99.97 percent of a mono disperse aerosol of 0.G /itn particles. (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, (3) "Clean change room" means a room where employees put on clean clothing e.nd/cr protective equipment In an environment free of Ethyleneimine. The clean change room shall be con tiguous to and have an entry from a shower room, when the shower room facilities-are...otherwise required in tins section. ' ' " ' '"T v *'' > --t . (4 "Closed system" means an opera tion involving Ethyleneimine where con tainment prevents the release of Ethyl- enoimme into regulated areas, non- employee in recognition and evaluation of conditions and situations which may .result in the release of 4-Aminodiphcnyl; (ft) The purpose for and application of specific first aid procedures and practices; . (i) A review of this section at the em ployee's first training and indoctrina tion program and annually thereafter. (it) Specific emergency procedures shall be prescribed, and posted, and em ployees shall be familiarized with their terms, and rehearsed in this application. (ill) All materials relating to the pro gram shall be provided upon request to authorized representatives of the Assist ant Secretary and the Director. <f) .Reports--(1) Operations. Not later than March 1, 1974, the informa tion required in subdivisions U). Mil, <iii>, and riv) of this subparagraph shall ment physical examination by a physi cian shall be provided. The examination shall include the personal history of the employee, family and occupational back ground,- Including genetic and environ mental factors, lii Authorized employees shall be provided periodic physical examinations, not less often than annually, following the preassignment examination. <iii> In all physical examinations, the examining physician shall consider whether there exist conditions of in creased risk, including reduced immuno logical competence, tho^e undergoing treatment with steroids or cytotoxic agents, pregnancy and cigarette smoking. <2> Records. (i> Employers of employ ees examined pursuant to this paragraph shall cause to be maintained complete and accurate records of all such medical regulated areas, or the external environ ment. (5) "Decontamination" means the in activation of Ethyleneimine or its safe disposal. (Oi "Director" means the Director, National Institute for Occupational Safety and Health, or any person di rected by him or the Secretary* of Health. Education, ancj Welfare to act for the Director. `' (7) "Disposal" means the safe removal of Ethyleneimine from the work environ ment. .(8) "Emergency" means an unfore seen circumstance or set of circum stances resulting in the release of Ethyleneimine which may result in ex posure to or contact with Ethyleneimine. <9) "External environment" means be reported in writing to the nearest examinations. Records shall be main any environment external to regulated OSIIA Area Director. Any changes in tained for the duration of the employee's nnd nonrcgulated areas, such information shall be similarly re employment. Upon termination of the (10) "Isolated system" means a fully ported In writing within 15 calendar days employee's employment, including retire enclosed structure other than the vessel of such change. <i) A brief description ment or death, or In the event that the of containment cf Ethyleneimine, which nnd in-plant location of the greats) reg employer ceases business without a suc is impervious to the passage of Etiiyl- ulated and the address of each regulated cessor, records, or notarized true copies eneimine, nnd which would prevent the. area; thereof, shall be forwarded by registered entry of Ethyleneimine into regulated (11) The namc(s) and other Identify mail to the Director. areas, nonrcgulated areas, or the external ing Information as to the presence of 4- (ii) Records required by this para environment, should leakaye or-spillage Amlnodlphcnyl in each regulated area; graph shall be provided upon request to from the vessel of containment occur. FEDERAL REGISTER, VOt. 39, NO. 25--THURSDAY. JUNE 27. 1974 BOR 004451 i A-39 RULES AND REGULATIONS (11) "laboratory type hood" is a do* troduccd. in sufficient volume to main (b> Prior to each exit from a regulate, vice enclosed on three sides and the top tain the correct operation of tho local area, employees shall bo required to re and bottom, designed and maintained so exhaust system. move and leave protective clot;ting an ns to draw air inward at an average (ill) Employees shall bo provided with, equipment at the po.nt of exit and linear face velocity of 150 feet per min and required to wear, clean, full body the last exit of the day. to place usl ute with a minimum of 125 feet per min protective clothing (smocits, coveralls, clotliing and equipment in imperviou ute; designed, constructed, and main or long-sleeved shirt and pants), and containers at the point of exit for pu, tained in such a way that an operation glo\cs prior to entering the regulated poses of decontamination or dlspo.,.:. involving Ethylencunine witliin the hood area. ' Tile contents o' such impervious con does not require Uie insertion, of any por (iv) Employees engaged in Ethylcnei- tainers shall be 'identified. as require tion of any employee's body other than mine handling operaiions shall.be pro- under paragraphs to (2),'(3), and <; Ills hands and arms. tided with and required to wear and use Of this section. (12) "Nonrcgulnted area" means any a full-Iacc, suppled air respirator. Of the (c> Required to shower after the`la. area- under .the control of the -.mplcyer continuous flow or prcrsure-ccuiaud type, exit of Uie day. where entry and exit Is neither restricted, in accordance-with 5 UUe.i.'ik (viii) Employees, other than tho.; nor controlled. (13) "Open-vessel system" moans an (v) Prior to cftch'c'xit from a regulatedarea, employees shall be required to rc- -engaged-only, in animal support acti/.rn: cach dr.y shall he (c> provided- with aw operation involving Ethylcneimine in an mc.'o and leave protective clothing and required to wear a chv.n change of ap open vessel, which la not in an isolated equipment at the point of exit and at propriatc laboratory clothing, such as system, r. laboratory type hood, nor in tho last exit of the day, to place used solid front gown, surg.cal scrub suit, c any other system affording equivalent cloiiiing and equipment in impervious fully buttoned laboratory coat. protection against the entry of Etkyicneimino lnt-o regulated areas, nonreguiated areas, or the external environment. (14) "Protective clothing" means clothing designed to protect an employee against contact with or exposure to Ethyleneiirinc. (15) "Regulated area" means an area where entry and exit is restricted and controlled. (c) Requirements /or areas containing Ethylcneimine. A regulated area shall bo established by an employer where Ethylenciminc is manufactured, processed, used, repackaged, released, handled or stored. All such, areas shall bo controlled Itt-accordance with the requirements for tho following case"cry or categories de scribing the operation involved: (1) Iso lated systems. Employees working with Ethylenclminc within an isolated system, such as a "glove box" shall wash their hands and arms upon completion of the assigned task and before engaging in other activities r.ot associated with the Isolated system. containers at the point of exit for pur poses of decontamination or disposal. The contents of such impervious con tainers shall be identified, as required under paragraphs (e)(2), <3), and (4) of tills section. (vi) Drinking fountains are prohibited in the regulated area, (5) Maintenance and decontamination activities. In cleanup of leaks or spills, maintenance or repair operations on contaminated systems or equipment, where direct contact with Ethylcneimine could result, each authorized employee entering that area shall: (i.) Ee provided with and required to wear clean, im pervious garments, including gloves, boots and continuous-air supplied hood iu accbrdmrcsrwilh 5-i9iO.U4r. ......... _ (ii) Be decontaminated before remov ing the protective garments and hood: (iii) Ee required to shower upon re moving the protective garments and hood. (6) Laboratory activities. The require ments of tins subparagra, .. shall apply to research and quality control activities lb) Prior to each e-xit from a regulate area, employees slioii be required to re move and leave protective clouting or. equipment at the point of exit and r. the last exit of the day, to place use clothing and equipment in impervio. containers at the pomt cf exit for pu: poses of decontamination or disposr. The contents of such impervious co;. tainers shall bo identified as require under paragraphs (e)(2), (3), and (-; of this section. (c) Required to wash hands, forearm face and neck upon each exit from t: regulated area close to the point cf c-x. and before engaging in other activhic (tx) Air pressure in laboratory are-, and animal rooms where Ethyleneim.: IS. handled -and bio.aaxay studigs are pe formed shall be negative' iii" relation the pressure in surrounding areas. E haust air shall r.ot be discharged to rc ulated areas, nonreguiated areas or u external environment unless ciocouta:. mated. (x> Tl:ere shall be no connection L (2) Closed system operation. Within involving the use of Ethylcneimine. (1) tween regulated areas and any oil. regulated areas where Ethylencimine is Mechanical pipetting aids shall be used areas through the ventilation system. stored in scaled containers, or contained for all pipetting procedures. (xl) A current inventory of Eth;.lc:: in a closed system. Including piping sys (ii) Experiments, procedures and imine shall be maintained. tems, with any sample ports or openings closed while Ethyleneimine is contained within: Access shall be restricted to au thorized employees only. equipment which could produce aerosols shall be confined to laboratory-type hoods or glove boxes. (lit) Surfaces on which Ethylcneimine (xii) Ventilated apparatus, rush laboratory type hoods, shad be tested least semi-annually or immediately of: ventilation modification or mainter.r.r. (3) Open vessel system operations. is handled shall be protected from operations, by personnel fully qualm, Open vessel system ope: aliens as defined contamination. to certify correct containment ar.d ep in paragraph (b) (13) of this section are (iv) Contaminated wastes and animal ation. prohibited. carcasses shall be collected in impervious (d) Gcnercl regulated area rcya (4) Transfer from a closed system, containers which are closed and decon mants.--(1) Employee identification charging or discharging point operations, taminated prior to removal from tho . daffy roster of employees entering rc or otherwise opening a closed system. In work area. Such wastes and carcasses lated areas shall ba established operations involving "laboratory type shall be incinerated in such a manner maintained. The rosters or a sumr. hoods," or ir. locations where Ethylcnei- that no carcinogenic products are of the rosters, shall bo retained f; mine is contained in an otherwise "closed released. period of 20 years. The rotters ar. system." but is transferred, charged, or (v) All other forms of Ethylcneimine sunimar , shall be provided ur.cn discharged into other normally closed shall be inactivated prior to disposal. quest to authorized representatives containers, the provisions of this subpar (vi) Laboratory vacuum systems shall Assistant Secretary and 'ha Birc-etc agraph shall apply. (i) Access shall be be protected with high-efficiency the event that the employ:. ceases restricted to authorized employees only; scrubbers. ness without a successor, rosters <ii) Each operation shall be provided (v:i) Employees engaged In animal be forwarded by registered mail with continuous local exhaust ventila support activities shall be (a) provided Director. tion so that air movement is always from with, and required to wear, a complete 12) Emergencies, In an ester. ordinary work areas to the operatiou. protective clothing change, clean each Immediate measures 'including, be Exhaust air sliall not be discharged to day. including coveralls or pants and limited to, the' requirements of su regulated areas, nonreguiated areas or shirt, foot covers, head covers, gloves, and sions (i), (ii), (cii), (iv), and tv) c the external environment unless decon appropriate respiratory protective equip subparagraph shall be implement taminated, Clean makeup air shall be la- ment or devices; and The potentially affected area sk FEDERAL- REGISTER,'V01. 3V, NO. t2S--THURSDAY, JUNE it', 1974 . BOR 004452 Rtn.ES AND REGULATIONS rcctl^pa as soon as the emergency has fe) Signs, information and training.-- to enter a regulated area, shall receive a Seen determined. (1) Signs. (1) Entrances to. regulated training and Indoctrination program in Ul) Hazardous conditions created by areas shall be posted with signs bearing cluding, but not necessarily. limited to: Hie emerccncy shall be eliminated and the legend: (a) The nature of the carcinogenic haz the potentially effected area shall be de contaminated prior to the resumption of normal operations. - Cancm-Suspect Acent AUTHORIZED Fi RSONNEL ONLY ards of Ethylenclmine, Including local and systemic tonicity: . (t>) The specific nature of the oper (Ul) Special medical surveillance by a' (it) Entrances to regulated areas con ation involving Sthyleneimlne which ,-physician shitll be Instituted within 21 taining operations" covered in paragraph could result in exposure: hours for employees present hj.Uie po (c) (5) of this section shall be ported with <c) The purpose for and application of tentially affected area, at the time of the signs bearing tire legend: the medical surveillance program, in emerccncy. A report of. the medical sttr. icUfance and any treatment shall be in cludes1 In `tile Incident report.. m ac Cancer-Suspect Agent Exposed ni Tins ' . Area cluding, as appropriate, methods of selfexamination; . id) The purpose for and application cordance v.lth paragraph (f) (2)'of'this* Impervious Suit Including Gloves. of decontamination practices and pur section. Boots, and' Ain-Scrrente Hood Re poses: (lv) Where an employee has a known quired at All Times ' ' `-(c) ,Uric-purpose for and significance contact with Ethylenciininc. such em ployee shall be required to shower as soon as possible, unless contraindicated by physical injuries. . - (v) An incident report on the emer gency shall be reported ns provided Jn paragraph (f) <2) of tills section. (vi) Emergency deluge showers and eyewash fountains supplied with run Authorized Personnel Only (ill) Appropriate signs and. instruc tions shall be posted at the entrance to, and exit from, regulated areas, inform ing employees of the procedures that must be followed in entering and leaving a regulated area. (2) Container contents identification. of emergency practices and procedures;. (/) Tile employee's specific role in emergency procedures; (<7> Specific information to aid the employee in recognition and evaluation of conditions and situations which may result in the release of Ethyic-neimmc: (It) The purpose for and application of specific first aid procedures and prac ning potable water shall be located near, (1) Containers of Ethylenelmine and tices; within sight of, and on the same level containers required under paragraphs (1) A review of this section at the em with locations where a direct exposure (c)(4)(v) and (c) <G) tvil) (to, and (c) ployee's first training and Indoctrina of Ethylenclmine would be most likely (6) (villi (6) of this section which are tion program and annually thereafter. ss a result of equipment failure, or im accessible only to, and handled only by, (il) Specific emergency procedures proper work practice. authorized employees, or by other em shall be prescribed, and posted, and em (3) Hygiene facilities and practices- ployees trained in accordance with sub- ployees shall be familiarized with their (1) Storage or consumption of food, stor paragraph (5) of this paragraph, may terms, and rehearsed in their application. age or use of containers of beverages. have contents identification limited to (hi) All materials relating to the pro ^^?rage or application of cosmetics, amok- a generic or proprietary name, or other gram shall be provided upon request to storage of smoking materials, tobacco proprietary identification, of the carcino authorized representatives of the Assist ^Poducts-or,.other products for chewing, gen and percent. ant Secretary and the Director. or the chewing of such prbdficts; ace-pro- ; (ii) Containers of Ethylenelmine and (f) Reports -- <1> Operations. Not hibltcd In regulated areas. cbiitalners'requirec.undcr paragraphs (c) later than March 1, 1S74, the informa- (II) Where employees wear protective <4)(v), (c) (6) (vii) (&).' V.ha Vc) (8) <viii)-. .tion..required in subdivisions (i>, <u>. clothing and equipment clean change (&> of this section which are accessible (iii), add' (iVToRtliis.subparagraph shall rooms shall be provided, In accordance to, or handled by employees other than be reported in writing to the' nedresf with 5 1010.141(e). for the number of' authorized employees or employees OSHA Area Director. Any changes in such employees required to change clothes. ... (III) Where toilets are in regulated areas, such toilets shall be In a separate trained in accordance with subparagraph 5 of this paragraph shall have contents identification which includes the full chemical name and Chemical Abstracts such information shall be similarly re ported in writing within 15 calendar days of such change, (i) A brief description and in-plant location of the area' s) reg room. Service Registry number ns listed in par ulated and the address of each regulated (lv) Where employees are required by agraph (a)(1) of this section. area; this section to wnslt. washing facilities (iii) Containers shall have the warn (ii) The name(s) and other identify shall be provided in accordance with ing words "CANCER-SUSPECT AGENT" ing information as to the presence of 11910.141(d)(1) and <2>iii) through displayed immediately under or adjacent Ethylenelmine in each regulated area; (vii). . to the contents identification. (iti) The number of employees in each (v) Where employees are required by this section to shower, shower facilities shall be provided in accordance with S 1910.141(d) <3). <4> Contamination control. (1) Reg ulated areas, except for outdoor systems, shall be maintained under pressure nega tive with respect to nonregulated areas. Local exhaust ventilation may be used to satisfy this requirement. Clean make up air In equal volume shall replace air removed, (11) Any equipment, material, or other Item taken into or removed from a reg (lv) Containers which have Ethylene- imino contents with corrosive or irritat ing properties shall have label statements warning of such hazards, noting, if ap propriate, particularly sensitive or af fected po tions of the body, (3> Lettering. Lettering on signs and instructions required by subparagraph il) of this paragraph shall be a mini mum letter height of 2 inches. Labels on containers required under this section shall not be less than !. the size of the largest lettering on the package, and not less than 8 point type in any instance: Provided. That no such required letter regulated area, during normal operations including malnu nance activities; and <iv) The manner in which Ethylene- imine is present in each regulated area; e.g. whether it is manufactured, proc essed. used, repackaged, released, stored, or otherwise handled. (2) Incidents. Incidents which result in the release of Eth.vleneimme into any area where employees may be potentially exposed shall be reported in accordance with this subparagraph, <i> A report of the occurrence of the incident and the facts obtainable at that time including a report on any medical treatment of ulated area shall be done so in a manner ing need be more than 1 inch in height. affected employees shall be made within that docs not cause contamination in (4) Prohibited statements. No state Cl hours to tlie nearest OSHA Area nonregulated areas or the external en ment shall appear on or near any re Director. vironment. quired sign, label, or instruction which (ii) A written report shall be filed with (ill) Decontamination procedures shall contradicts or detracts from the cfleet the nearest OSHA Area Director wiinai bo established and implemented to re of any required warning, information or 15 calendar days thereafter raid shall in move Ethylenclmine from the surfaces of Instruction. clude: (a) A specification of the amount materials, equipment and the decontam (5) Training and indoctrination, (i) of material released, the amount of time ination facility. Each employee prior to being authorized involved, and an explanation of the pro- FEDEXAl MGtSTIR. V L J9, NO. 115--IHURJOAY. JUNE 17, 1974 BOR 004453 23572 RULES AND REGULATIONS ccdure used In determinin')? this figure;' "(b)' Definitions.- Tor the-purposes of (14) "Protective clothing" mea (b) A description of the area involved, tills section: Cl) "Absoluta filter" Is one clothing designed to protect an tmpio;. and the extent of known and possible cajiablo of retaining 00.07 percent of a against contact with or exposure to be'. employee exposure and area contamina mono disperse aerosol of 0.3 am particles. Piopiolactone. tion; and (2) "Authorized employee" means an (15) "Regulated area" means an a: (c) A report-of any medical treat employee whose duties require him to be where entry and exu is restricted a ment. of atfecttd employees, and any In the regulated area and who has teen controlled. medical survciilnnc program Imple specifically assigned by the employer. (c> Itcgnircmcnls lor areas contain. mented; and (3) ``Clean change room" means a betr.-Propiolac! one.. A regulated ai (d> An analysis of the circumstances room where employees put on clean shall be cstaoli; acci by an employer r.;-.- of the Incident, and measures taken or to clothing and/or protective equipment hi beia-propiolaomre is maruinctu.- bo taken, with specific completion dates, an envu-onmvnt free of bcla-lTopio- processed,' used, repackaged, relea.-- to avoid further similar releases. lactone. The dean change room shall be handled or stored. Ail such areas c.-. .Zledicci irpedlei.ee. At no cost to contiguous to and have an entry from a be controlled in accordance wnh the . the employee, a program of'medical sur shower room, when .the shower room, quircincnts tor me ca:r:;ry veillance shall be established and imple facilities are otherwise required In' tills 'categories ut"earning.the operai.cn , mented for employees considered for section. volvcd: (1) Isolated. :e::cr:s. Employ, assignment to enter regulated areas, and (4) "Closed system" means an opera working vnh far;a-Prcp.-emetine v.v.. for authorized employees. (1) hoamina- tion Involving beta-Propioiactone where an isolated system, such us a "glove l; tions. (1) Before an employee is assigned containment prevents the release of L:ta- shall wash their hands and arms ur to enter a regulated area, a preassign- Rropfolactono into leguiatod areas, non-- completion cf the ass: .red task and i ment physical examination by a physi regulated areas, or the externa] environ fore engaging m other activities not as. cian shall be provided. The examination ment. ciated with fire isolated system. shall include the personal history of the (5) "Decontamination" means the in (2) Closed system opsrehom Wifi' employee, faintly and occupational back activation of beta-Propiolactone or Its regulated areas where bcta-Propiok ground, including genetic and environ safe disposal. tone is stored in scaled containers, mental factors. (G) "Director" means the Director, contained In. a closed system, indue (ii) Authorised employees shall be National Institute for Occupational piping systems, with any sample >: provided periodic physical examinations, Safety and Health, or any person di or openings closed vnUe bcts-Propio- not Jess often than annually, following rected by him or tho Secretary of Health, tone la contained wiinm. Access shall tho preassigument examination. Education, and Welfare to act for the restricted to authorized employees or (iii) In ail physical examinations, the Director. (3) Open vessel system operant examining physician shall consider (7) "Disposal'' means the safe removal Open vessel system operations as cckr whether there exist conditions of In of beta-Propiolactone from the work en in paragraph lb) (13) of this section : creased risk, including reduced immuno vironment. prohibited. logical competence, those undergoing (8) ``Emergency" moans an unfore (4) Transfer from a closed cyst-: treatment with steroids or cytotoxic seen circumstance or set of circum charging or discharging point operetta agents, pregnancy and cigarette smoking. stances resulting in the release of beta- or otherwise opening a closed system *' '<2)" Records: ({> Employers of ., cm.-, . Prppiolactpne. which may result In ex operations involving "laboratory v ployces examined pursuant to this para posure 'to or -contact `with'-beta*' hoods,h. or*, in.ylocations . where be graph shall cause to be maintained com Propiolactone. Propiolactone is' contained in in otn plete and accurate records of all such (S) "External environment" means wise "closed system," but is transfer; medical ex :inatlons. Record1-, shall bo any environment external to regulated charged, or discharged into other a maintained ior the duration of the em and nonrcgvjated areas. mally closed containers, il;e provision.- ployee's employment. Upon termination (10) "Isolated system" means a fully this subparagraph shall apply. (I) Ac: of the employee's employment, including enclosed struettu-e otiler than the vessel shall be refi.rioted to authorized empl retirement or death, or in the event that of containment of beta-Propiolactone, ecs only: the employer ceases business without a which Is impervious to the passage of (U) Each operation shall be provi successor, records, or notarised true beta-Propiolactone, and which would with continuous local exhaust ver.t copies thereof, shall be forwarded by prevent the entry of beta-Propiolactone tion so that air movement is air- registered mail to the Director. into regulated areas, nonrcgulatcd areas, from ordinary work areas to the cm Cil) Records required by this para or the external environment, should tlon. Exhaust air shall not be dnehar graph shall be provided upon request to authorized representatives of the Assist ant Secretary or the Director; and upon request of an employee or former em ployee,. to a physician designated by the employee or to a new employer. (ill) Any physician who conducts a medical examination required by this paragraph shall furnish to the employer a statement of the employee's suitability for employment in the specific exposure, .im V7 r.i bcla-l'ropiitlarlonc. leakage or spillage frem fire vessel of containment occur, (ID "Laboratory type hood" is a de vice 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 min ute with a minimum of 125 feet per min ute; designed, constructed, and main tained in such a way that an operation involving beta-Prcpio!actone within the hood docs not require the insertion of any portion of any employee's body other to regulated areas, nonregulated fir or lhe external environment uni ear contaminated. Clean makeup air s. be introduced in sufficient volume maintain the correct operation of local exhaust system. Oil) Employees ska'.' be provided v and required to wear, clean, full I protective clothing (smocks, cove: or long-sleeved shirt and pants), covers ami gloves prior to entermi regulated area. (iv) Employees engaged in beta- (a) Scope and application, fl) This than his hands and arms. plolactono handling operations ska section applies to any area In which beta- (12) ``Nonrcgulatcd area" means any provided with and required to wear Proplolr.ctone, Chemical Abstracts Serv area under the control of the employer use a full-face, supplied air reep- ice Registry Number 51573 is manu where entry and exit is neither restricted of the continuous fiow or pre-asm factured, processed, repackaged, released, nor controlled. mar.d type, in accordance with i 15'. handled, or stored, but shad not apply (13) "Open-vessel system" means an (v) Prior to each exit from a regu to trans-shipment in sealed containers, operation involving beta-Prcplolactone arca, employees shall he required : except for the labeling requirements in an open vessel, which Is not in an iso move and leave protective cloth.r. under paragraphs <e> Cl), (3), and (4> lated system, a laboratory type hood, nor equipment at the point of exit and of this section. in any other system affording equivalent last exit of the day. to place used * (2) This section shall not apply to protection against the entry of beta- lng and equipment in impervious solid or liquid mixtures containing lew Propiolactone into regulated areas, non tainers at the point of exit for p-- than 1.0 percent by weight or volume of rcgulatcd areas, or the external environ of decontamir.aticn or disposal. Th beta-Propiolactone. ment. tents of such impervious container. FHDEXAl REGISTER, vot. 37. NO. 125--THURSOAT, JUNE 27, 177: BOR 004454 RULES AND REGULATIONS 2.1373 be^PPhlified, as required under para- (b> Prior td each- exit from a regulated . <y) An Incident report on the emer j craphs (c)(2), (3), and (4) of tills area, employees shall be required to re gency shall be reported ns provided in S section. move and leave protective clothing and paragraph (f)(2) of this section. > (vl) Drinking fountains are prohibited equipment at the point Df exit and at the (vl) Emergency deluge showers and : In the regulated area. last exit of the day. to place used cloth eyewash fountains supplied with run (5) Maintenance and decontamina ing and equipment In impervious con ning potable water shall be located near, tion activities. In cleanup of leaks or tainers at the point of exit for purposes within sight of. and on the svno level I spills, maintenance or repair operations of decontamination or dloposal. The con with locations where a direct expo.-ui e to i .on contaminated systems ot equipment, tents of such impervious containers shall .beta-Propiolactone woul 1 be mobt likely j where direct contact with obta-Propio- be.Identified as required under para as a result of equipment failure, or im i lactone could result, each- authorized cm- graphs (c> (2), (3), and H) of this sec- . proper ivork practice. i ployce entering that area shall: (l) Be lion. , (3) Hygiene f.iciVtics and practices, (i) i provided with and required to wear (c) Required to wash hands, forearms, Storage or consumption cf food, storage '-'* clean, Impervious garay-mts.`including face and neck open each exit from the or use of containers of beverages, .-.torase ! gloves, boots arid contmuous-air supplied rca-alstcd area close to the point of exit, or application of -cosmetics, smoking,, l hood In accordance with 5 1910.13-1.' and before engaging in .ether activities;- storage, of .smoking-,materials, tobacco j (11) Be decontaminated before remov- (bo .Mr pressure bn laboratory areas products or other products for ensuing,- | tog the protective garments and hood: and r.nimal rooms where bcta-Propioiac- or the chewing of such products, are pro t (lit) Be required to shower upon re- tone Is handled and bioassay studies are hibited In regulated areas, J moving the protective garments and performed shall be negative in relation (ll) Where employees wear protective j hood. to the pressure in surrounding areas. Ex clotiling end equipment clean change j (C) Laboratory activities. Thcrequirc- haust air shall not bo discharged to reg rooms .shall bo provided, in accordance { ments of this subparagraph shall apply ulated areas, nonregulated areas or the With 1310.141(e), for the number of | to research end quality control activities external environment unless decon such employees required to change J Involving the use of beta-Propiolactone. taminated. clothes, | U) Mechanical pipetting aids shall be (x) There shall be no connection be (Ui) Where toilets are in regulated used for ell pipetting procedures. tween regulated are.as and any other areas, such toilets shall be in a separate (11) Experiments, procedures and areas through the ventilation system. room. equipment which could produce aerosols (xl) A current inventory of beta-Pro- (iv) YJhere employees are required by shall be confined to laboratory-type plolactone shall be maintained. this section to wash, washing facilities hoods or glove boxes. (xll) Ventilated apparatus such as shall be provided in accordance with . (Ill) Surfaces on which bcta-Proplo- laboratory type heeds, shall be tested at 5 1310.141(d) (1) and (2)(fi) through lactonc is handled shall bo protected least semi-annually or immediately after (vil). 1 from contamination. ventilation modification or maintenance (v) Where employees are required by J (iv) Contaminated wastes and animal operations, by personnel fully qualified this section to shower, shower facilities { ^urasscs shall be collected In impervious to certify correct containment and op shall be provided in accordance with ^^ktalncrs wlilch are closed and dccon- eration. S 1310.141(d)(3). -^Bmlnatcd :prior -to removal from toe (d) General regulated area rcauirc- work area. Such waste's'imtl-ciu'cnsses- ment^--ii). .Employee identification. A 4 shall be Incinerated in such a manner daily roster of employees entering reg that no carcinogenic products are ulated areas shall be established and I released. maintained. The rosters or a summary of (r) All other forms of beta-FropioIac- the rosters shall be retained for a pe tonc shall be inactivated prior to dis riod of 20 years. The rosters and/or sum posal. (vl) Laboratory vacuum systems .'l .ill bo protected with high-cGlclcncy scrub bers. (vli) Employees engaged In animal support activities shall be (a) provided with, and required to wear, a complete protective clothing change, clean each day, including coveralls or pants and shirt, foot covers, head covers, gloves, and appropriate respiratory protective equipment or devices; and (6) Prior to each exit from a regulated area, employees shall be required to re move and leave protective clothing and maries shall be provided upon request to authorized representatives of the As sistant Secretary and the Director. In the event that the employer ceases business without a successor, rosters shall be for warded by registered mail to the Direc tor. (2) Emerocncies. In an emergency. Immediate measures including, but not limited to, the requirements of subdivi sions (1), (11), (111), (iv), end <v) of this subparagraph shall be implemented, (i) The potentially affected area shall be evacuated ns soon as the emergency has been determined. (11) Hazardous conditions created by equipment at the point of exit and at the the emergency shall be eliminated and last exit of the day, to place used cloth the potentially affected area shall be de ing and equipment in impervious con contaminated prior to the resumption of tainers at the point of exit for purposes of normal operations. decontamination or disposal. The con (iit) Special medical surveillance by a tents Of such impervious containers shall physician shall be instituted within 24 be Identified as required under para hours for employees present In the graphs (e)(2), (3), and (4) of this sec potentially affected area at the time of tion. the emergency. A report of the medical (c) Required to shower after the last surveillance and any treatment shall be (4) Contamination control. (1) Regu lated areas, except for outdoor systems, sbnll.be.maintained under prersuro neg ative with respect* to 'ribftrtgWa ted areas. * Local ex!must ventilation m- y be used to satisfy this requirer. ;t. Clean makeup air in equal volume a. mil replace air removed. (11) Any equipment, material, or other item taken into or removed from a reg ulated area shall be done so in a-manner that does not cause contamination In nonregulated areas or the external en vironment. (Jii) Decontamination procedures shall bo established and Implemented to re move beta-Propiolactone from the sur faces of materials, equipment and the decontamination facility. (e> Signs, information c.r.d training-- (1) Signs. <1) Entrances to regulated areas shall be posted with signs bearing the legend: Cancer-Suspect Agent Authorized Personnel Oniv (11) Entrances to regulated areas con taining operations covered In paragraph (e) (5) of this section shall be posted with signs bearing the legend: Cancer-Suspect Agent Exposed in Tins Area exit of the day. . included in the incident report. In ac Xhi'ERVious Sure Including Glows, (viii) Employees, other than those en cordance with paragraph (f) (2) of this Boots, and Air-Supplied Hood Re gaged only in animal support activities, section. quired at All Tikes each day shall be (a) provided with and required to wear a clean change of ap propriate laboratory clothing, such as a solid front gown, surgical scrub suit, or lully buttoned laboratory coat. (iv) Where an employee has a known contact with beta-Propiolactone, such employee shall be required to shower as soon ns possible, unless contraindicated by physical injuries. Authorized Personnel Only (ill) Appropriate signs and Instructions shall be posted at the entrance to. and exit from, regulated areas, Informing _______ h FEDERAL REGISTER, VOl. 39. NO. 135--THURSDAY, JUNE 37, 1974 BOR 004455 i A- 4 3 23574' RULES AND'REGULATIONS t'/ * employees of the procedures that must of- conditions, and situations which may clan shall be provided. The examinat bo followed in entering and leaving a result in tho release of beta-Propiolacr. shall include the personal history of regulated area. tone; employee, family and occupational fca (2) Container cotitcnts identification. (A)" The purpose for and application ground, including genetic and cr.vir <1> Containers of beta-Propiolactone of specific first aid procedures and prac mental factors. and container:,', required under para- tice.-.; (ii) Authorized employees shall be ] graphs (c)MXv) and <c) <0/ (vil) <>, <i) A review of this section at the tided periodic physical examinations, and (c) <c) (nil) <b) of this section v. Wch employee's fust training and indoclrma- less often than annually, following are accessible cnly to. and handled only ` tio:'. program and annually thereafter. preassignmeut examination, by,- authorized employees, or by oilier ^ < i i > Epecuic emergency procedures (iii) In all physical examinations, employees learned irk accordance with-, sliall be prescribed, and posted, and em examining phy;:c.r.n i-huil ccr_. subparagraph 12) of tiiis paragraph, ployees shall be familiarized with their whether there, exist cor.dmous of may hate contents ideniif.cntson limited terms, and rehearsed in their applica creased- risk, including reduced immu to,;ft ,gcjierjo- or proprietary name, or tion. logical competence, those under,n other proprietary idehliilctil-.ou-, -of the, ,.(iii) Afi materials relating'to the pro treatment with steroids1 or cytc.:, carcinogen and percent., gram shall be provided upon request to. agent, pregnancy and cigarette smok (ii) Containers of bcla-Prop!o!actoe authorized repicucntativcs of the Assist '(2) Jttcordsv if) .'Employers, of. and containers required under para ant Secretary and the Director. ployees examined pursuant to this pi. graphs (c) (4) (v). - (e) (G) (vii) lb), and U) Deports--(1) Operations. Not later graph shall cause to be maintained e. (c) (C) (viio (b> of this section which are than March 1, 1074, the information re plete and accurate records of all t accessible to, or handled by. employees quired m subdivisions ii>, (ii). (iii), and medical examinations. Records shall other than authorized employees or em Uv) of this subparagraph shall be re maintained for tire duration oi the i ployees trained in accordance with sub ported in writing to the nearest OSHA ployeo's employment. Upon terrain:; paragraph (2) of. this paragraph shall Area Director, Any changes in such m- of the employee's employment, inclu. liavo contrr.l3 identification which in formr.tion shall be similarly reported in retirement or death,'or m the event i cludes the full chemical name and Chem writing within 15 calendar clays of such the employer ceases business witno; ical Abstracts Service Registry number change. <i> A brief description and in- successor, records, or notarized : as listed in paragraph (a) (1) of this plant location of the area(s) regulated copies thereof, shall be forwarded by i section. and the address of each regulated area; istered mail to the Director. (lit) Containers shall have the warning (ii) Thename(s) and other identifying (ii) Records required by tills p: words "CAKCER-SUSPECT AGENT-' information as to the presence of bo;a- graph shall be provided upon replies displayed immediately under or adjacent Propiolntcone in each regulated area: authorized representatives of the to the contents identification. (iii) The number of employees in each sistant Secretary or the Director; Uv) Containers which have bela- regulated area, during normal operations upon request of an employee or for. Proplolactono contents with corrosive or including maintenance activities; and employee, to a physician designate irritating properties shall have label (iv) The manner in which beta-Pro- the employee or to a new employer. statements warning of such hazards, pioiactor.e is present in each regulated (iii) Any physician who conduct noting, if appropriate, particularly sensi area; e.g. whether it. Is manufactured, medical examination required by tive dr affecYcd'portions of. the body... processed, used, repackaged, released, paragraph shall furnish to the empi: (3) Lettering, Lettering on signs and-' sfored, dr otherwise, handled. a statement of the employee's suitab. instructions required by subparagraph (2) Incidents. Incidents Which result'/ foremploymeat in the specific expos (1> shad be a minimum letter height of 2 inches. Labels on containers required In the release of beta-Propiolactonc into any area where employees may be poten IQlp f1 ~'tm 2-.(city laiiunoCuorcue. under this section shall not be less than tially exposed shall be reported in ac (a) Scape and application. (1) fi >,& the .' Ue of the largest lettering on the cordance with tills subparagraph, (i) A section applies to any area in whicl package, and not less than 3 point type report of the occurrence of the Incident Acetylmmnoiluorene, Chemical Abstr in any instance: Provided, That no such and the facts obtainable at that time in Service Registry Number 53GC3 is m.t required lettering need be more than 1 cluding a report on any medical treat factured. processed, repackaged, Inch in height. ment of affected employees shall be made leased, handled, or stored, but snail (4) Prohibited statements. No state within 24 hours to the nearest OSffA apply to trans-shipment in sealed t ment shall appear on or near any re Area Director. tainers, except for tlie labeling requ quired sign, label, or instruction which (U) A written report shall be filed with ments under paragraphs (c) (2,, (3j, contradicts or detracts from the effect the nearest OSHA Area Director within (4)of this section. of any required warning, information or 15 calendar days thereafter and shall in (2) Tiiis section shall not appl;- instruction. clude: (a) A specification of the amount solid or liquid mixtures contain:.'.; (5) Training and indoctrination. Cl) of material released, the amount of time than 1.0 percent by weight or velum Each employee prior to being authorized involved, and an explanation oi the pro 2-Acetyiamino fiuorene. to enter a regulated area, shall receive cedure used In determining this figure; (b) Definitions. Tor the purpos: a training and indoctrination program (b) A description of the area involved, this section: (1) "Absolute filter-- is Including, but not necessarily limited to: and the extent of known and possible em capable of retaining 29.07 percent (a) The nature of the carcinogenic haz ployee exposure and area contamination; mono disperse aerosol of 3.3 ;;m imr; ards of beta-Propiolnctone. including local and systemic toxicity; (b) The specific nature of the opera tion involving bcta-Pi'opiolactono which could result in exposure: (c) The purpose for and application of the medical surveillance program, in and ' <c) A report of any medical treatment of affected employees, and any medical surveillance program implemented: and (d) An analysis of the circumstances of the incident, and measures taker, or to be taken, with specific completion dates, (2) "Authorized employee-' meat employee who duties requir him to the regulated area and w..o has specifically assigned by the emplo; (3) "Clean change room" me room where employees put on clothing and/or protective cqmpm cluding, as appropriate, methods of self- to avoid further similar releases. an environment free of 2-Acc;yl- examination; (g) Medical surveillance. At no cost to fluorene. The clean change roan <d> The purpose for and application of the employee, a program of medical sur be contiguous to and have an eifir decontamination practices and purposes; veillance shall be established and imple a shower room, when the thout (c) Tile purpose for and significance of, mented for employees considered for as facilities are otherwise required emergency practices and procedures; signment to enter regulated mens, and section. </) Tho employee's specific rolo in emergency procedures; <g) Specific information to aid the em ployee in recognition and evaluation for authorized employees. (1) Examina tions. (i) Before an employee is assigned to cuter a regulated area, a preassignment physical examination by a physl- (4) "Closed system" means ar. tlon involving 2-Acetylammo: where containment prevents the of 2-Acetyiarumofiuorer.e Into re FfOEKAL REGISTER, VOL 39, NO. US--THURSDAY, JUNE 27, 1974 . BOR 004456 A-4 4 ' AN3 'REGULATIONS 2.137" atcd areas; or the exter- task-and-before engaging In other activ - (5) Maintenance and decontamination t. ities not'associated with , the isolated activities. In cleanup of leaks or spills, i) "Decontamination" means the ln- system. maintenance or repair operations on eon- rration of 2-Acctylaminofluorenc or (2) Closed system operation. Within laminated systems'or equipment, where cafe disposal. regulated areas where 2-Aeclylanvino- direct contact with 2-Acctylaminofluo- C) "Director" means the Director. Na fluorenc Is stored in scaled containers, rcnc could result, each authoriv.ed em sal Institute for Occupational Safety or contained in a closed system, includ ployee entering that area shall: ii> He I Health, or any perron directed by ing piping systems, with any sample ports provided with and required to wear clean, a or the Secretary of Health, Ecluca- or opchii:"s closed while 2-Acetyiamino- impervious garments, including gloves, a. and Welfare to act.for the Director. lluorcne Is contained within: (l) Acccrs boots and ponumious-air supphed iiootl (7) "Di.ppsnV means the safe r&moval shall- be. restricted to autnonacd em in accordance with _i 1010.134. 2-Aec<y]amlnoihiorene from tlie work ployees only: <u> Ee decontaminated betore remov .rironment. <ii) Employees shall be required to ing the protective garments and hood; (.8)-"Emergency" means an unforeseen wash hands, forearms, face and neck Uii) 'Be' required to shower-upon-re-, rcumrtance or set of circumsia'nccs re- upon cavir exit from the regulated areas, moving the protective garments and itin.? in the release of 2-Acetylnmino- cforo- Co the--point o c-xit and before cu- hood. aercr.c which may result in exposure "guging in other activities. ' `' : ' r- - .(6) Laboratory activities. Tire require o or contact with 2-AcctyIaminofiuo- <3) Open, vessel system operations. ments of this subparagraph s-hail apply ene. Open vessel system operations as defined to research and quality control activi (9) "External environment" means any in paragraph (b) 03) of this section are ties involving the use of 2-Acef.yi.unino- .nvtronmcnt external to regulated and prohibited. fluorene. U> Mechanical pipetting aids nonregulatcd areas. U) Transfer from a closed system, shall be used for all pipetting procedures. (10) "Isolated system" means a fully charging or discharging point operations, (ii) Experiments, procedures and enclosed structure other than the vessel or otherwise opening a closed system. In equipment wluch could produce aerosols of containment of 2-AcctylauunoiIuo- operations involving "laboratory type shall be confined to laboratory-type rcno, which Is impervious to the passage hoods." or in locations where 2-Acetyl- hoods or giove boxes. of 2-AcetylaminofIuorcr.e, and which ammofluorene is contained in an other (id) Surfaces on which 2-Acetyla- would prevent the entry of 2-Acelyiami- wise "cicscd system," but is transferred, minofiuorene is handled shall be pro nofluorene into regulated areas, nonres- charged, or discharged into other nor tected from contamination. nJatccl areas, or the external environ mally closed containers, the provisions (iv) Contaminated wastes and animal ment, should leakage or spillage from of this subparagraph shall apply. (i> Ac carcasses shall be collected in impervious tho vessel of containment occur, cess shall be restricted to authorized em containers which are closed and decon til) "Laboratory type hood" is a de ployees only; taminated prior to removal from the vice enclosed on three sides and the top <ii> Each operation shall be provided work area. Such wastes ar.d carcasses end bottom, designed and maintained so with continuous local exhaust ventilation siiall be incinerated ir. such a manner as to draw air inward at an average so that air movement is always from that no carcinogenic products are face velocity cf 150 feet per min- ordinary work areas to the operation. Ex released. ____t ^..minimum of 120 feet per min- haust dr shall nor be discharged to regu (v) All other forms of 2-AccSylnmino- utd^Wcsijhedi bohStnfcted,-aiui' main tained in such a war that an operation' involving 2-Acctylam.inoflucrenc within tho hood does not require the insertion of any portion cf any employee's body other than his hands and arms. (12) "Nonregulatcd area" means any area under the control of the employer where entry and exit is neither restricted nor controlled, (13) "Open-vessel system" means an operation involving 2-AcetyIaminofluorene in an open vessel, which is not in on isolated system, a laboratory typo hood, nor in any other system affording equivalent protection against the entry of 2-Acetylaminonuorcnc into regulated areas, nonregulatcd areas, or the external environment. lated areas, nouregulntcd areas or the fluorenc shall bo. inactivated prior to 'external.environment unless decontami disposal, nated. Clem maheirp nlf -hadl -bo iuttg-.. ,, (vi). Laboratory vacuum systems shall duced in eufSeicnt volume to maintain' beprotedted* with Ijjgh-efficiency scrub the cohxct operation of the local exhaust bers or with disposable absolute' filters,. system. (vii) Employees engaged in animal (iii) Employees shall be provided with, support activities shall bo (a) provided and required to wear, clean, full body with, and required to wear, a complete protective clothing (smocks, coveralls, or protective clothing change, clean each long-slecvcd shirt and pants), shoe day. Including coveralls or pants and covers and gloves prior to entering the shirt, foot covers, head covers, moves, regulated area. ancl appropriate respiratory equipment <lv> Employees engaged in 2-Acetyl- or devices; and amiuofluorer.e handling operations shall (b) Trior to each exit from a regulated be provided with and required to wear area, employees shall be required to re and use a half-face, filter-typo respira move and leave protective clothing and tor for dusts, mists, and fumes, in ac equipment at the point of exit and at the cordance with 11310,134. A respirator last exit of the day, to place used clothing affording ldghcr levels of protection may and equipment in impervious containers be substituted. at the point of-exit for purposes of de . (14) "Protective clothing" means (v) Prior to each exit from a regu contamination or disposal. The contents clothing designed to protect an employee lated area, employees shall be required of such. Impervious containers shall be against contact with or exposure to 2- to remove and leave protective clothing identified as required under paragraphs Acctylarainofluorcne, and equipment at the point of exit and at (e)(2), (3), and (4) of lids section. (15) "Regulated area" means an area the last exit of the day, to place used (c) Required to wash hands, forearms, whore entry and exit is restricted and clothing and equipment in impervious face and neck upon each exit from the controlled. containers at the point of exit for pur regulated area close to the point of exit, . <c) Requirements for areas con '"inhip poses of decontamination or disposal. and before engaging In other activities; 2-Acctylcminofiuarene. A rcgulal.d area The contents of such impervious eon- and shall be established by an employer where tainers shall be identified, as required (d) Required to shower after the last 2-Acctylaininciiuorcne is manufactured, under paragraphs (c)(2), (3), and (4) of exit of the day. processed, used, repackaged, released, handled or stored. All such areas shall be controlled in accordance with the re quirements for the following category or categories describing the operation in- Ilolvcd: (1) Isolated systems. Employees working with 2-Acctv;runinofhicrcnc within an isolated system, such as a "glove box" shall wash their hands and arms upon completion of the assigned this section. (vi) Employees shall be required to wash hands, forcanns. face and neck on each exit from the regulated area, clc-e to the point of exit, and before engaging In other activities. (vii) Employees shall be required to shower after the last exit of the day, (viii) Drinking fountains are pro- liibited in the regulated area. (viii) Employees, other than those en gaged only in animal support activities, each day shall be (c> provided with and required to wear a clean change of ap propriate laboratory clothing, such as a solid front gown, surgical scrub suit, or fully buttoned laboratory coat. (5) Trior to each exit from a regulated area, employees shall be required to re move and leave protective clothing and FEDERAL REGISTER, VOL 39, NO. 13S--THURSDAY, JUNE 27, 1974 BOR 004457 i A-4 5 '23576. -- RULES AND REGULATIONS equipment at the point'of exit and at the . (3) ..Ilyvicr.fi facilities and practices, employees trained in accordance wi. last exit or the day. to place used cloth (l) Storage or consumption of food, stor subparagraph (5) of this paragraph, m: ing and equipment In impervious con age or use of containers of beverages, have contents Identification .limited, to tainers at the point of exit for purpo- cs storage or application ol cosmetics, generic or proprietary name, or oth of decontamination or disposal. The con smoking, storage of smoking materials, proprietary identification, of the caret: tents ol such Impervious containers shall tobacco products or other products for ogen and percent. be identified as'required under para- chewing, or the chewing of such prod (ii) Containers of 2-Acety!r.mir. graphs (c) (2). (3)7 and (-1) of this sec ucts, are prohibited in regulated areas. f.uorcnc and containers rcq.mvd ur.r. tion. (ii) Where .employees are. required by paiMgrapirs (c)(4)(v>, (c) (G) (vfiHl. lc) Required to wash hands, forearms, this section to vasiu v,ashing facilities and (c) <G> (viii) (ii) of tills section whit face and ncch u&fn each exit'from the shall be provided in accordance with are accessible to. or huiiuhd by, ample; regulated area close to the- point of exit, 1 liilo.liUd) (I) and (2>ifi) . through ecs other than authormed c: -ployces ` and before enraging in other activities. (vii). employees trained in -'accordance w, (lx), Air .pressure in laboratory areas (iii) V.'hcrc employees arc required by subparagraph <o) oi thir. paragraph shi and animal rooms' where a-Aeciylaujino- , this section to shower, shower facilities have .contents identification widen i: fluorene fs handled and bioar,say studies shall bo provided in acccrdanco- with. .eludes the full cl.L:u::.oi name and Caen aro performed shall be negut.vc in rela 1310.141(d) i3). * ' leaf'Abstracts -Service lieghl.ry.. numb tion. to the pressure in surrounding areas. (iv) Where employees wear protective as listed in paragraph (a)(1) "of ii. Exhaust air shall not be discharged to clothing and equipment clean change section. regulated areas, nonrcguir.tcci areas or rooms shall be provided. In accordance (Iii) Containers shall have the war: the external environment unless de with J 1210.141(e), for the number of ing words ''CANCEE*S bPECT f.GE1.~ contaminated. such .employees required to change displayed immediately under or adjace: (x) There shall be no connection be clothes. to the contents identification. tween regulated areas and any other (v) Where toilets are in regulated (iv) Containers which have S-Acet;, areas through the ventilation system. areas, such toilets siiail be in a separata aminofluorene contents with corroa. (xl) A current inventory of 2-Acctyl- room. or irritating properties siiail have let aminofluorene shall be maintained. (4) Contamination control. (1) Regu statements warning of such hazards, no (xli) Ventilated apparatus such as lated areas, except for outdoor systems, ing, if appropriate, particulariy sons!:, laboratory type hoods, shall ba tested at shall be maintained under pressure nega or aifectcd portions of the body. least semi-annually or immediately after tive with respect to r.onrcsulatcd areas. (3) Lettering. LoUerins on signs a: Ventilation modification or maintenance Local exhaust ventilation may be used instructions required by subparngra;. operations, by personnel fully qualified to satisfy this requirement. Clean make (1) shall be a minimum letter height. to certify correct containment and up air in equal volume shall replace air 2 Inches. Labels on containers repair operation. removed. under this section shah net be less tit: (d) General regulated area require (11) Any equipment, material, or other la tlie size of the largest lettering , ments.--(1) Employee identification. A item taken into or removed from a regu the package, and not less than S por daily rosier of employees entering regu lated area shall be done so in a manner type In v.nj' instance; Provided, That: lated areas shall be established and that docs not causa contamination in such required lettering need be m: 'maintained. The- rosters*-or a summary iioureguiuted areas or the external than 1 inch in height. of the rosters shall be retained for a pot rlod of 20 years. The rosters and/or sum maries shall be provided upon rco.viit to authorized representatives of the Assist ant Secretary and the Director. In the environment., if (4),Prci;ibUcd statements. No star (iii) DecantanUnatioh procc&SiW Shalt ` meat. shall appearv on. or .near any r be established and implemented to re quired sign, label, oriThstrfifctibn- whf move 2-.' cct.vlaminofluorcno from the contradicts or detracts from tho c-tfi surfaces of materials, equipment and the of any required warning, information event that the employer ceases business decontamination facility. instruction. without a successor, rosters shall be for (lv) Dry sweeping and dry mopping (5) Training and indoctrination. warded by registered mail to the Director. (2) Emergencies. In ' emergency, im mediate measures including, but not limited to, tire requirements of subdivi sions (1), (il). (Ill), tiv), and (v) of this subparagraph shall be Implemented, (l) Tho potentially affected area shall be evacuated as soon as the emergency lias been determined. (11) Hazardous conditions created by the emergency shall Lc eliminated and the potentially aifectcd area shall be de contaminated prior to the resumption of normal operations. (ill) Special medical surveillance by a physician shall be instituted within 24 hours for employees present in the po tentially affected area at the time of the emergency. A report of the medical sur veillance and any treatment shall be included in the incident report, In ac cordance with paragraph (f) (2) of this section. <iv> Where an employee has a known contact with 2-AcelylaminoIluorcne, such employee shall be required to shower as soon ns possible, unless contraindicated by physical injuries. (v) An incident report on the emer gency shall be reported as provided in paragraph (I) (2) ol this section. are prohibited. Each employee prior to.being' author: (e) Signs, information and training.-- to enter a regulated area, shall ret; (1) Signs, (i) Entrances to regulated a training and Indoctrination, pro ~ areas shall be posted with signs bearing including, but not neeessanly iimitid tho legend: (a) The nature of the carcinogenic Cancer-Suspect Agent ' authorized Personnel Only ards of 2-Acetyiannnofiuorer.e. htel Ing local and systemic toxicity; Ori The specific natui'e of the op; (11) Entrances to regulated areas con tion involving ' 2-Ace:ylam:nofiu;r taining operations covered in.paragraph which could result in exposure; (c) (5) of this section shall be posted (c) The purpose for and appht:.- with signs bearing the legend: of the medical surveillance program, CANCER-SUSrECT AGENT EXPOSED IN THIS AREA eluding, as appropriate, methods o: examine.; ion; (d) The purpose for and appllc. Impervious Suit Including Gloves, of dccor.tainhraUon practices and Boots, and air-Suppetes Hood Re poses; quired at All Times (e> The purpose for and signifi Authorized Personnel Only of emergency practices and prcctc (iii) Appropriate signs and instruc tions shall be posted at the entrance to, and exit from, regulated areas. Inform ing employees of the procedures that must be followed in entering and leaving a regulated area.. (2) Container contents identification,' (/) The employee's specific rc emergency procedures: <sr) Specific information to a: employee in recognition and cut; of conditions and situations whicresult in the release of 2-Ace`.;h fluorene: (1) Containers of 2-Acclykuniiiuiluorcne (h) The purpose for ar.d appi and containers required tinder para of specific first aid procedures an graphs <c> <4) (v) and (c) (6) (vii) (b), tices: and (c) (C) (viii) lb) of this section which (i> A review of this section are accessible only to, and handled only employee's first training and huh by, authorized employees, or by other tion program and annually them FEDERAL REGISTER, VOL 3*. NO. 12S---THURSDAY, JUNE 277 1974 BOR 04458 A-4 6 'HULES ANOr REGULATIONS '23577 (j^Bocific emergency procedures > less often-than annually. following the (6) "Director" means the Director. Na- jhaiWPprcscribcd. and posted, and em prenssisrnment examination. ' ilorral InsLlUtXo for Occupational Safety ployees. chaff be familiarized with their (iii) In all physical examinations, the and Health, or any person directed by terms, and rehearsed In their application, examining phyr.icirn shall consider liinr or ihc Secretary of Health, Educa (111) All materials relating to the pro whether there exist conditions of in tion, and Welfare to act for tho Dhecior. gram shall be provided upon'request to creased risk, including reduced Immuno (7) '`Disposal" means tire safe removal authorised representatives of tho As- logical competence, these undergoing of 4-Dimelhyle.minoazobcuzene from the jbtar.t Decretory and tip; Director. treatment with steroids or cytotoxic work environment. (X) Reports--(1) Operations. Not lehr agents, pregnancy r.r.d cigarette smok (3) ``Emergency" means an urffore icen than March 1. 1074. Use information re ing. circumstance or set of crrcunv.tances re quired in subdivisions ti>. (ii).(iiD; and* t2> Accords.-(1) Employers of employ- sulting m tiie release of l-Dirumnylu- dr)' of this subparagraph shall be re ces examined pursuant to this paragraph minoazobenzene which may result in ex ported Ik-writing to'the nearest OEIIA shall cause to l;c mean tamed complete posure lo or contact with 4-Dimeihy.la- Area-Direftor*. changes in such in- 1 and accurate records o ell each medical nrinon/.obenzcne. formation shall bo similarly reported;:a examinations, lieqords shah be main (D) "External' environment" - means TTriting within 15 calendar days of such tained for the duration of ihfl employee's : any. environment .external to rcgifi tcu change. (1) A brief description and in- employment. Upon termination of the andnonrc-julatedareas;. plant location of the area(s) regulated employee's employment, including re * GO) "Isolated system" means a fully and the address of each regulated men; tirement or death, or in the event that enclosed structure other than tho vostol (11) The namc(s) and other identify the employer curses business without a of containment of 4-Dlmethylaminc'azo- ing Information ns to the presence of successor, records, or notarized true benzene, which is impervious to the 2-Acctylamlnofluorcne in each regulated copies thereof, shall be forwarded by reg passage of 4-Dimethylammoa'-'cr.zer.c area; istered mail to the Director. which would prevent the entry of 4-Di- Oil) The number of employees in each <il) Records required by this para methylaminoazobc-nzcne into rcgul.v.cd regulated area, during normal operations graph shall be provided upon reo.uest to areas, ror.regulated areas, or the external Including maintenance activities; and authorized representatives of the Assist environment, should leakage or spillage , (iv> The manner in which 2-Acctyl- ant Secretary or the Director; and upon from the vessel of containment occur. Eminofhiorene is present In each regu request of an employee or former em (11) "Laboratory type hood" is a de lated area; c.g. whether it Is manufac ployee, to a physician designated by the vice enclosed on three sides and the top tured. processed, used, repackaged, re employee or to a new employer. and bottom, designed and maintained so leased,.stored. or otherwise handled. (iii) Any physician, who conducts a as to draw air inward at an average t2) Incidents. Incidents which result in medical examination required by this linear face veloc; of 150 feet per minute the release c>f 2-Acetyiaminoiluorcne mto paragraph shall furnish to the employer with a minimum v.1 125 feet per minute; any area where employees may be po a statement of the employee's suitability designed, constructed, and maintained tentially exposed shah be reported i:t for employment in the specific exposure. in such a way that an operation involv accordance with this subparagraph. (1) A ing 4-Dimethylaminoazobonzene v.-ithm , of the occurrence of the incident 1910.P?.o `i.Dimclliyliiminoaznlicnzene, the hood docs not require the in.eeriion of io.f$pts.obtainable at that time in- (a) Scope end application. (1) This any portion of any employee's body other isr a report'on hny 'fncthenl tread*.: j-ec.tiqn ,rpgii.c3. to any area in wliich 4- than his hands and anns. i mentof affected employees shall bDeimcaUderylamihd'ifiobeiszenP.Ghcfl'rteal Ab -*.-^tl2),.:`.5>Qurcjgul^fed..area" means any | within 24 hours to the nearest OSHA stracts Service Registry Number CD117 Is area under the cohtroi oT' the employer j Area Director. manufactured, processed, repackaged, re where entry and exit Is neither restricted (11) A written report'hall be filed wi.h leased,1 handled, or stored, but shall not nor controlled. the nearest OSHA Ar Director within apply to trans-shipment in scried con : 15 calendar days there; . ter and shall in- tainers, except for the labeling require j elude: ments under paragraplrs (e) (.2), (3), and () A specification of the amount of (4) of this section. > material released, tho amount of time (2) This section shall not apply to t Involved, and an explanation of the pro- solid or liquid mixtures containing less | cedurc used In determining this figure; . than 1.0 percent by weight or volume of i (6) A description of the area involved, 4 -Dimethy landnoazobenzene. 1 and the extent of known and posable (b) Definitions. For the purposes of I _ employee exposure and area contamina- this section: (1) ``Absolute filter" is one } tlon; and capable of retaining C9.07 percent of a j <c) A report of any medical treatment mono disper se aerosol of 0.3 /ail particles. ; of affected employees, and any medical (2) ``Authorized employee" means an j, surveillance program implemented: and employee whose duties require him to bo j (d) An analysis of the circumstances of in the regulated area and who has been | tho Incident, and measures taken or to specifically assigned by the employer. } be taken, with specific completion dates, (3) "Clean change room" means a (13) "Open-vessel system" means on operation Involving 4-Dimcthylamhioazobenzone in an open vessel, which is not In an isolated system, a laboratory type hood, nor in any other system affording equivalent protection against the entry of 4-Dhr.ethylaminoazobcnzene into reg ulated areas, nonrcyuUued areas, or the external environment. (14) "Protective clothing" means clothing designed to protect an employee against contact with or exposure to 4- Dimethylaminoazcbenzcne. (15) "Regulated area" means an area where entry and exit Is restricted and controlled. j to avoid further similar releases. room where employees put on clean (c) Requirements for areas contain { (g) Medical surveillance. At no cost- to clothing and/or protective equipment in ing i-Dimethylaminoaao'bcnzcr.c. A reg ! the employee, a program of medical sur- an cnvirorunent free of 4-Dimethyla- ulated area shall be established by an j vcillanco shall be established and implc- minoazobenzene. Tire clean change room employer where 4-Dimcthyln:rffnoazo- ' mented for employee." considered for as- shall be contiguous to and have an entry benzene Is manufactured, processed, . signment to enter regulated areas, and from a shower room, when tho shower used, repackaged, released, handled or j for authorised employees. <l) Examina room facilities arc otherwise required in stored. All such areas shall be controlled tions. (i) Eeforo an employee is assigned this section. In accordance with the requirements for to enter a regulated area, a prea.ss:qn- (4) "Closed system" means an opera the following category or cr.teeories de ment physical examination by a physi tion involving 4-Dimclhylaminonzobcn- scribing the operation involved: (1) Iso cian shall be provided. The examination zeno where conialianent prevents the lated systems. Employees working with 4- shall include the personal history of the release of 4-Dimqthylan'lnoazobcnzene Dimethylaminoazobcn-zcnc within an iso employee, family and occupational back into regulated areas, nourepuiated areas, lated system, such as a "glove box" shall ground, Including genetic and environ- or tho external environment, wash their hands and anns upon com Cental factors. (5) "Decontamination" means tire in pletion of the assigned task and before (U) Authorized employees shall be pro activation of 4-DimethyJaminoazobcn- engaging In other activities not asso vided periodic physical examinations, not zeno or its safe disposal. ciated with the isolated system. FEDERAL REGISTER, VOL 39, NO. I IS--THURSDAY, JUNE 27, T974 BOR 004459 t A-*" 25573 ~ RULES AND REGULATIONS ` * ' . * *. <2> Closed system operation.' Wltliln ' spills, maintenance or, repair operations move and leave protective clothing an regulated areas where 4-Din.ctlirlnmino- on contaminated systems or equipment,. equipment r.t.the point or exit and at ih. nzobcnzenc is .stored Ln sealed containers, where direct contact with t-Dimethyla- last exit of the day, to place used cibllur, or contained fn a closed system, includ- irdnoazoboi'.acne could result, each au- and equipment in impervious contemn 1ns piping syste ...s, wtlh any sample ports tnoriacd employee entering that area at the point of exit ior punxsses of d; or openings ciilsed while 4-Dimethyl- shall: (ii Be provided with .and required contamination or du./c-sa1. Tim con ten aminoazobenrene ts contained within: to wear clear, impervious garments, iu- Of such container shod i (1), Access slin.il be restricted to'author' - cludtr.g gloves, hocus and continuous-air ldentihed as required under raragrr.pl . ized employees only; supplied hood in accordance with (e) (2), <3),,and (-1) o; tnis seci.on. til) Employee's shall be required to I 1910.134. (c) Requiri! to v.v_.h hands. fo;v..rr-. wash hands, forearms, face and week <ii> Bo-decontaminated before remov face and necu upon each in:; from tl upon each exit iron: the regulated areas, ing the protective garment ; said hood: regulated area close to the point o; cx close to the pc.rit of exit and before en (iii) Be resumed to sliovrar upon re and befoie encaging in otlier octfvit.c gaging in bthcrncttvltics., . ; moving the protective garments and (lx) Air ;u craum .r. laboratory a.v. (3) Open vessel system operation?. hood, a--. -,, and animal noma where v-Dune-thy. Open vessel rysa-m operation rbs defined (C) Laboratory activities. The require- ` mino&zofaemicr*e is handled cu.d bloom ln paragraph (b) (13) of this section are merits of this cub pars graph shall apply studies arc peziomrai shall be Ttcgr.''.:'. prohibited. to research and quality control activities in relation to the preraure :a surround., (4) Transfer from a closed system, involving the use of 4-Dmiethylamino- areas. Exhaust air shun no; be d. charging or discharging point opera lions, azobenrane. (1) Mechanical pipetting charged to regulated areas, nonrcgulau or otherwise opening a closed system. In aids shall be used for ail pipetting areas or the external cnviro.imant unit operations Involving "laboratory typo procedures. decoatanunu ted. hoods," or in locations where 4-D.:ncth- (il) Experiments, procedures and ylaminoazobcnrene is container* in an equipment which could produce aerosols otherwise "closed system." but Is trans shall be confuted to laboratory-typo ferred, charged, or discharged into other hoeds or glove boxes. normally closed containers, l he provi (iii) Surface on which 4-DimethyIa- sions of this subparagraph shall apply. miuoazobcnzcnc is handled shall be pro (1) Access shall be restricted to author tected from contamination. ized employees only; (iv) Contaminated wastes and animal (11) Each operation shall be provided with continuous local exhauit ventilation so that air movement is always from ordinary work areas to the operation. Ex haust air shall not be discimrrwd to reg ulated areas, nonreguk-.ted areas or the external environment unit-: .: decontami'iiafedaClean makeup air. shall, bt intro duced in .sufficient volume to maintain' the correct operation oi the local exhaust system, (id) Employees shall be pi ovldcd with, and required to wear, clean, full body protective clothing (smocks, coveralls, or long-sleeved shirt and pants), shoe cov ers, and cloves prior to entering the reg ulated area. carcasses shall be collected in impervious containers which are closed and decon taminated prior to removal from the work area. Such wastes and carcasce3 shall be incinerated in such a manner that no carcinogenic products are released. (v) All other forms of 4-DlmethyI- .atniuoiizabenzeoe. shall be inactivated prior to disposal."''' ........... ` v r (vl) Laboratory vacuum systems shall be protected with high-chic.cncy scrub bers or with disposable absolute filters. (vii) Employees engaged in animal support activities shall be (a) provided with, and required to wear, a complete protective clothing change, clean each day, including coveralls or pants and (x) There shall be no connection b tween regulated arcan and my celt. areas through the ventilation system. (xi> A current inventory of '1-Dim t;': ylamincazocsnzcne shall be mamt.aui (xii) Ventilated apparatus such as la', oratory type hoods, shall be, tested . least semi-annually or immea.a;eir of; ventilation modification or mmnrem.n operations, by personnel fully Qualified certify correct conuunmen; and cp-ar. tion. (d) General regelated area ree.air. meats--(1) Employee idcm.flcaticn. dally roster of employees entering reg lated arc-aa shall be established n maintained. The rosters or a summary ,tho-.rost{U's, shall be retained fer a her; of 20 years. The' rditchs- anchor. aimm ries slia.ll be provided u;xn request to r. thorized representatives of the Assist:, Secretary and the Director. In the evt that the employer censes business wit out a successor, rosters shall be h warded by registered mail to the Dirac. (2) Emergencies. In an emergency,i (Iv)' Employees engaged in 4-Dimeth- shirt, foot covers, head covers, gloves, mediate measures including, but ylamir.Dazobenzcne handling operations and appropriate respiratory protective limited to, the requirements of subd shall be provided with and required to equipment or devices; and sions (i), (ii), (hi), (iv), ar.d (v) of ' wear and use a half-face, fUtcr-typq res (b) Prior to each exit from a regulated subparagraph shall be implemented. pirator for dusts, mists, and fumes, ln area, employees shall be required to re The potentially affected area shall accordance with 1910.134. A respirator move and leave protective clothing and evacuated as soon as the emergency . affording higher levels of pro! ration may equipment at the point of exit and at been determined. be substituted. the last exit of the day, to place used (il) Hazardous conditions created (v) Prior to each exit from a regulated clothing and equipment in impervious the emergency shall be eliminated : area, employees shall be required to re containers at the point of exit for pur the potentially affected area shall be move and leave protective clothing and poses of decontamination or disposal. contaminated prior to the resumptie. equipment at the point of exit and at the Tue contents of such impervious con normal operations. last exit of the day, to place used cloth tainers shall bo identified as required (iii) Special medical surreillar.ee ing and equipment in impervious con under paragraphs (e) (2), (3), and (4) physician shall be instituted with! tainers at the point of exit for purposes of decontamination or disposal. Hie con tents of such impervious containers shall be identified, as required under para graphs (e)(2), (3), and (i) of this Lec of this section. (c) Required to wash hands, forearms, face and neck upon each exit from the regulated area dose to the point of exit, and before engaging in other activities; hours for employees present in the tentially affected area at the time c emergency. A report1 of the medical vcillancc and r.uy treatment shall b eluded in the incident report, ir. :.c tion. (vi) Employees shall be required to wash hands, forearms, face and neck on each exit from the regulated area, dm e to the point of exit, and before engaging in other activities, and <d) Required to shower after the lost exit of the day. (viii) Employees, other than those en gaged only in animal support activities, each day shall be (a) provided with and ance with paragraph (f)(2) cf section. (iv) Where an employee has a k contact with i-Dimethyluu.iiioaz zer.e, such employee sh.di be re:.':-, shower as soon as po.-oili.e, <vii) Employees shall be required to shower after the last exist of the day. fviii) Drinking fountains arc prohib ited in the regulated area. required to wear a dean change of ap propriate laboratory clothing, such as a solid front gown, surgical scrub suit, or fully buttoned laboratory coat. traiudicatea by physical mjun.s. (v) An incident report on the gency shall be reported as pram paragraph (f) (2) of this sesUua. (5) Maintenance and decontamina (b) Prior to each exit from a regulated (3) Hygiene fe.cilMcs and prcetL tion activities. In cleanup of leaks or area, employees shall bo required to re Storage or consumption of food, s FEDERAL REGISTER, VOl. 39, NO.- 135--THUXSOAV, JUNE 37, 197 BOR 004460 J A-4 8 Mr use orfontniners of beverages. storage AND REGULATIONS once with subparagraph (5) of this para ployees she' c familiarized with their - application of cosmetics, smoking, graph, rimy have, contents identification terms, and. rsed in their application. 'crate of smoking materials, tobacco limited to a generic o'r'prcprlctaiy name, (iil) All materials relating to the pro products or other products for chewing, or other proprietary identification, of the gram sliall bo provided upon request to cc the chewing of suri) products, arc pro carcinogen and percent. authorized representatives of the Assist hibited in regulated areas, ' (11) Containers of 4-Dlinethylamino- ant Secretary and the Director. <10 Where employees are required by azobenzenc and containers required (f) Jleporls--(1) Operations, Not later tliis section to wash, washing facilities under paragraphs (c) (4) (v), <c) (Gi (vii) than March 1. 1074, tire information re shall -be- provided in accordance with (b), and <c) (G) tviilUb) of this section quired in subdivisions <i>, (ii', nil), and {19lO.Hi(d) <1) arid <2) (UK, through which a:c aecr;.ubie to. or handled by (iv) of this subparagraph shall be re i\1i). .employees other than authorised em ported in writing to the nearest OSHA . (til) Where employees arc required by ployees or employees trained in accord Area Director. Any changes in ? tich infor . this section.to. shower,'shower facilities ance with subparagraph 05) of thus para mation shall he similarly reported in shall be provided In' accordance with graph shall have contents identification .writing within 15 calendar days .of sue!) il910.Kl<d)<3); which induct"! the full chemical name chance, (i) A brief dcrcription and in- (tv) Where employees wear protective arid Chemical Abstracts Sendee Registry plant location of the'aiea(s) -regulated clothing and equipment dean change number as hated in paragraph tz.'ni) of and the address of each regulated'area: - rooms shall be provided, in accordance this .section. ' ' , (il) The na:ne(s) and other identify with S mo.MKe), for the number of . (hi) Containers shall have the warning ing information as to the pro: cnee of 4- such employees required to change words "CANCER-SUSPECT AGENT" Dimcthylamirio'azbbenzcns in,cr;eh regu clothes. dirplayed ia.mediatdy under or adjacent lated area: ' *"7 ......... . (v) Where toilets arc in regulated to the contents identification. (iii) The number of employees In each areas, such toilets shall be in a separate (lv) Containers which have 4-Dt- regulated area, during normal operations room. mclhylaminoazotenzeno contents with including maintenance activities; and (4) Contamination control, (i) Regu corrosiv- or irritating properties shall (iv) The manner in which 4-Dlmcthyl- lated areas, except for outdoor systems, have label statements warning of such amir.oaz.obenzene is present in each reg shall be maintained under pressure nega hazards, noting, if appropriate, particu ulated area; e.g. whether it is manufac tive with respect to nonrcgulatcd areas. larly sensitive or affected portions of the tured, processed, used, repackaged, re Local exhaust ventilation may be used to body. leased, stored, or otherwise handled. satisfy this requirement. Clean makeup (3) Lettering. Lettering on sigr.. and (2) Incidents. Incidents which result in air in equal volume shall replace air instructions required by subparagraph the release of i-Dimethylaminoazoben- removed. (1) of tills paragraph shall be a mini zene into any area where employees may (ii) Any equipment, material, or other mum letter height of 2 inches. La.beis on be potentially exposed shall be reported item taken into or removed from a regu containers required under tliis section in accordance with this subparagraph, lated area shall be done so in a manner shall not be less than the size of the u) A report of the occtuTence of the inci that does not cause contamination in nonceguiated areas or the external largest lettering on the package, and not less than 3 point type in any instance: dent and the facts obtainable at that time including a report on any medical environment.'. ' - *,. v .... (lit) Decontamination procedures shall be established and implemented to remove 4-Dlmct]iviam;noazobenzene from the surfaces of materials, equip ment and the decontamination facility. Provided, That no such required letter ing need be more than 1 inch in height. *..**> v.Prohibited statements. No state ment'shall appeardin or near any re quired sign, label, or fhstructiau., which contradicts or detracts from the effect of any required warning, Information or treatment of affected employees shall be made within 24 hours to the nearest OSHA Area Director. (it) A written report shall be filed with the nearest OSHA Area Director within V5 caicjpdar days thereafter and shall in clude: (aMAopacifisat jon of the amount (lv) Dry sweeping and dry mopping are prohibited. instruction. (5)Training and indoctrination, (i) of material released, the ;dmouat'Oj .lime Involved, and an explanation of tlteprori- ' '(e) Stems, information and training-- Each employee prior to being autl. >rized cedurc used in determining this figure: (1) Signs., (i) Entrances to regulated to enter a regulated area, shr.2 receive a (b) A description of the area involved, areas shall be posted with signs bearing training and indoctrination program in and the extent of known and possible the legend: cluding, but not necessarily limited to: employee exposure and area contamina Cancer-Suspect Agent (a)The nature of the carcinogenic haz tion; and ards of 4-Dimethylnminoazcbcnzcnc, in (c) A report of any medical treatment Authorized Personnel Only cluding local and systemic toxicity; of affected employees, and any medical (ii) Entrances to regulated areas con taining operations covered in paragraph (c)<5) of this section shall be posted with signs bc-aiing the legend: (b) The specific nature of the opera tion involving 4-D:methyirur.inoazobenzenc which could result in exposure; (c) The purpose for and application of the medical surveillance program, In surveillance program implemented; and id) An analysis of the circumstances of the incident, and measures taken or to be taken,.with specific completion dates, to avoid further similar releases. Cancer-Suspect Agent Exposed in This cluding, rs appropriate, methods of sclf- (g) Medical surveillance. At no cost to Area cxamina;;,n; the employee, a program of medical sur Impervious Suit Including Gloves, Boots, and Aid-Supplied Hood Re- ouired at All Times Authorized Personnel Only * (d) The purpose for and application of decontamination practices and purposes; (c) The purpose for and significance of emergency practices and procedures: ' (/) Hie employee's specific role in veillance shall be established and imple mented for employees considered for as signment to enter regulated areas, and for authorized employees. (1) examina tions. (i) Before an employee is asrigneo (iil) Appropriate signs and instruc emergency procedures; to enter a regulated area, a preassign tions shall be posted at the entrance to, <g) Specific information to aid the em ment physical examination by a physi arid exit from, regulated areas, inform ployee In recognition and evaluation of cian sliall be provided. The examination ing employees of the procedures that must be followed in entering and leaving a regulated, area. (2) Container contents identification. (1) Containers of 4-Dimclh.v)ainlno:::'0bcnzenc and containers :cqulrcd under paragraphs (c) (4) tv) and (c) (G) (vii) <b>, and (c) (G) (viii) (b) of this sec conditions and situations which may re sult in the release of 4-Dimclhylaminoozobenzene; Oi) The purpose for and application of specific first aid procedures and prac tices-: <i> A review of this section at the em ployee's first training and indoctrination shall include the personal history cf emp: .yce. family and occupational back ground, including genetic and environ mental factors. (it) Authorized employees shall be pr vided periodic physical examinations.: less often than annually, following t preassignment examinat ion. tion which are accessible only to, and program and annually thereafter. (ill) In all physical examinations, handled only by, authorized employees, (it) Specific emergency procedures examining physician slta.ll cons or by other employees framed In accord- shall be prescribed, and posted, and em whether there exist conditions of KOERAl REGISTER, VOt. 39. NO. 125--THURSDAY, JUNE i7, 1974 BOR 00446i i A-49 233S0 RULES AND REGULATIONS creased risk, fneltidlAg reduced Immu (7)' "Disposal" means the safo. removal sodimcthylr.mlne is contained within: ' nological competence, those undergoing, of N-KKrosociimethylaimno from' tho' Access-.shall be. restricted to .authorp treatment with steroids or cytotoxic work environment. employees only: agents, pregnancy and cigarette crooking. (B) "Emergency" means an unforeseen (11) Employees shall bo required , (2) accords. <i) Employers of em clrcurr.sWr.ee or set of circumstances re wash hands, forcamu:, face and nc ployees examined pursuant to this para sulting in tho release of N-Nttrchxii- upon each exit from the re,minted are graph shall cause to be maintained com rccthylamir.o which may result in expo close to the paint of exit and b:fc plete and accurate record.-; ol all ruch sure to or contact with N-N1trcoodan, Ui- engaging in other Activities. medical examinations, Accords shall bo (3) Open vessel system operatic: maintained fciqth.c duration of tiie em (y) "Exlernal environment" means any Open vc-'sel ry-.te.-n ox-brutions :,y crfi.rr ployee's employment. Upon termination environment external to regulated and in paragraph lb) (12) of tills section r of the employee's employment, includ nor.rcr.matcd areas. prohibited.- ing retirement or death.- or in the event UO) "Isolated system" means a fidiy (4) Transfer from a 'closed sy:`c that .the employer ceie.es hir.UiL-.s with ' cAdored structure etner lima the \ en.cl Charging cr Ci:chr.r.:irg point operatic. out a: viccssor, records, or notai-med .true,- -of'Containment of N-NiU-o;rxUmcti;yia- or oilier;;-;:? orhx.xv a clc-vd copies thereof, shall be forwarded by reg mlne, which ls imperViotis io.'the passage - la- operations. Ur. or. ins ."laboratory t;. istered mail to the director, of N-Nitrot'odui.c'thylamlne. and. which liooda," or in lcogiicns where N-N:t: i - (11) Records required by tills paragraph would prevent the entry of N-Niire.r.odl- soduacthyiaminc is contained in . shall be provided upon request to author mcthylamine Into regulated areas, non- otherwise "closed system," but is tr.u ized representatives of the Assistant Sec reguinted arose, cr the external environ ferred, charged, or discharged into old. retary or the Director; and upon request ment. should ]e..-..-';c or sp-ilage from sue normally ciosra containers, the pro of an employee or tenner employee, to a vessel of containment occur. siocs of this subparagraph shall an;: physic;-.n designated by the employee or (11) "Laboratory type hood" is a de (1) Access shall be restricted to auih; to a nc.v employer.'-' (ill) Any physician who conducts a medical exam: latlo.i required by this paragraph shall furnish to the employer & statement of the employee's suitability vice enclosed on three sides and the top mid 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; lzed employees only; <ii) Each operation shall be provie with continuous local crjoust venttl,, so that air movement ts always ir; ordinary work areas to the opera:: for employment in the specific exposure. designed, constructed, and maintained in Exhaust air shall net be discharged ,1 Ot N-Nilrosoilinieilolumine. such r. way that an operation involving regulated areas, nonregulatcd areas N-NitrosCHdirr.elLyl.inme within the hood the external ennrorunent unless dec: (a) Scops and application. (1) Tills docs not require the insertion of any laminated. Clean makeup air shall section applies to any area In which N- portion of any employee's body other Introduced in sufficient volume to raa. Nitrosodimethylamliie. Chemical Ab than his 1lands and arms. tain the correct operation of the lo. stracts Service Registry Number G275D (12) "Nonregulated area" means any exhaust system. is manufactured, processed, repackaged, area under the control of the employer (iil) Employees shah be provided vr. released, handled, or stored, but shall not where cnii-y and exit is neither restricted and required to wear, clean, full L; apply to trans-shipment in sealed con- nor controlled. protective clothing (smocas, coverall-:, taiht-r*,.csFept-for-.the luhvitos Require ^(13) "Open-vessel system" means an long-sleeved sh.vt ar.d pants). ments under paragrapiis Ic) (2), (3), and' bperatTohnnrcirtng N-Nitrosodiniethylo.'j: .. covers, and gloves prior to enter:;-.;; t (4) of this section. mine in an open vessel. which Is not In regulated areal ' (2) Tliis section shall not apply to solid an isolated sy.-i.em, a laboratory type (iv) Employ tt-s engaged In N-Nk. or liquid mixtures containing less than hood, nor in m.y other system affording sodimethylamine handling opera t.-. 1.0% by weight or volume of N-Nitro- equivalent protection against the entry shall be provided wnh and requires SocUmethylarrune. of N-Nitroscbmicthylamtne Into regu wear and use a half-face, filter-'.; (b) Definitions. For tho purposes of lated areas, nonregulated areas, or the respirator for dusts, mists, and fume:, this section: (1) "Absolute filtor" is ono external environment. accordance with ; 1510.134. A respire capable of -etaining 93.97 percent of a (14) "Protective clothing" means affording higher levels of protection w. mono dir; -c- aerosol of 0.3 pm par clothing designed to protect an employee bo substituted. ticles. (2) ''Authorised employeo" means an against contact with or exposure to NHitrocodimethylamlne. (v) Prior to each exit from a r? lated area, employees shall bo require; employee whose duties require him to be (15) "Regulated area" means an area remove and leave protective cicUiiug :~ in the regulated area and who has been where entry and exit is restricted and equipmei.t at tho point of exit and a:: specifically assigned by tho employer. controlled. last exit of the day, to place uccd cic/.L. (3) "Clean change room" means a room where employees put on clean clothing and/or protective equipment in an environment free of N-Kilrosod.melhylamme. The clean change room shall be contiguous in and have an entry from a shower room, when the shower room faculties ar e otherwise required in this section. (4) "Closed system" means an opera tion involving N-Nitrosodiinethylamine whero containment prevents the release of N-Nitrosodinu-thylamine into regu (c) Requirements for areas containing N-NUrosodi incthylaminc. A regulated area shall be established by an employer whore N-Nitrostdimethylamiue is manu factured. processed, used, repackaged, re leased, handled or stored. All such areas shall bo controlled in accordance with, tho requirements for ike fallowing cate gory or categories describing tho opera tion involved: (1) Isolated systems. Em ployees working with N-Nitrosodhnethylamine within an isolated sysi m, such as a "glove box" shall wash their hands and equipment in impervious costa::, at the point of exit for purposes of contaminaticn or thsposab Tne con:, of such impervious containers shah identified, as required ur it-r p-crauu (e)(2), (3), and i-l) of t.ur, section. (vl) Employees shall to requirec wash hands, forearms, face and r.cti each exit from the regulated area, t to tho point of exit, and before on;;, in other activities. (\ii) Employees shall be require shower niter the last exit of the buy lated areas, nonreguiated arcs... or Uie and arms upon completion or the as (viil) DrinkhnT fountains are external cnviromr.cn . signed task and before engagm:: in other hibited in the regulated area. (5) "Decor.tamma non" means tho In activities not associated with the isolated (5) Maintenance and decentr.r.in activation of N-NUrojOdimclhylanuiie or system. activities. L'l cleanup of leaks or Its safe disposal. (2) Closed system operation. Within maintenance or repair operanons on (6) "Director" means the Director, Na regulated areas where N-Niiro-obiincth- taminated systems or equipment, v tional Institute for Occupni. ual Safety ylaminc Is .stored in sealed containers, direct contact with N-Nitro.-o-d:rae and Health, or any person directed by or contained in a closed system, includ amine could result, each authorlctc him or the Secretary of Health. Educa ing piping .systems, with any sample ployce entering that area cluill: i tion, and Welfare to act for the Director. ports or openings closed wliiic N-Nitro- provided with and required to wear c 0 39 125 27 197R MAI EECISIE*. VOL. , NO. --THUISOAr, JUNE . . BOR 004462 RULES AND REGULATIONS 235SL Impmlous garments, Including gloves, shall bo identified as required- under (11) Where employees are required by boots and continuous-pir supplied hood paragraplis (c)(2), (3), and (-1) of tliis 'this section to wash, .-washing facilities in accordance with 5 1159.134. section. shall bo provided In accordance with' (ii) Be decont amine,'- .1 before remov (c) Required to wash hands, forearms, 1910.141(d) (1) and (2) (ii) through ing the protective ram:: nts-mid hood; face and nccl: upon each exit from tho (vii>. (ill) Be required to shower upon re- regulated area clore to the point of exit, (tit) Where employees arc required by movine hood., iho protective garments and nnd before engaging in other activities. (Lx) Air pressure in laboratory areas this section to shower, shower facilities r.haU be provided in accordance with (G> 'Laborclory activiiir.s^flvt require- and an.mal rooms where L'-hTtresodi- 5 1910.141(d) (3). cents of this subparagraph shall apply."ir.ethyl;vm:no, Js . handled and bioassay . to research and quality control ariiv.ties studies are performed shall be negative Involving the use of M-Uitrcsodlmct.hy!- in relation to the pressure in surround- otolncl ,U)_ Mechanical pipett:.-;; aids u-.g areas. Exhaust air shah not be dis shall be used for ail terming procedures., charged to reprintod areas, nonreyriated I (ii) Experiments, procedures and areas dr'the external cnyircum^nl unless equipment which could produce aerosols decontaminated. ' 'shall bo confined to laboratory-type (x) There shall be no connection be ' hoods or glove Iwkcs, tween regulated areas and any other ! <iil) Surfaces on which If-Nitrosodl- areas through tho ventilation system. (iv> Where employees wear protective clothing and equipment idem change rooms "shall be . provided, in. accordance with J 1910.141(c), for tire number of such employees required to change . .qlothcs. "(v) \Vh`cre toilets are.-In regulated areas,-such toilets shill be in a separate room. i methylnmlnc Is handled shall be pro- (xi) A current Inventory' of H-Hitro- (4) Contamination control. (1) Regu- ' ` tcctcd from contamination. 50dimcthylainine shall be maintained. laled areas, except for outdoor systems, , (iv) Contaminated wastes and animal (xil) Ventilated apparatus such as shall be maintained under pre-sture nega carcasses shall be collected in impcrv.ous laboratory typo hoods, shall be tested at tive with respect to nonrcgulatcd areas. containers widch rare closed and decon- least send-annually or Immediately after Local exhaust ventilation may be used :taminatcd prior to removal from tho ventilation modification or maintenance to satisfy this requirement. Clean make work area. Such wastes and carcasses operations, by personnel fully qualified to up air in equai volume shall replace air shall be Incinerated in such a manner certify correct containment and opera removed. i .that no carcinogenic products are re tion. (il) Any equipment, material, or other leased. (d) General regulated area require item taken into or removed from a regu i (v) All other forms of N-Nitrosodl- ments--(1) Employee identification. A lated area shall be dons so in a manner n'cthylamine shall bo Inactivated pnor daily roster of employees entering regu that does not cause contamination in to dlspo." '. lated areas shall be established and nonrcrp.iJated areas or the external ' (vl) Laboratory vacuum systems shall maintained. The rosters or a summary of environment. : be protected with i'J ih-citiciency scrub the rosters shall be retained for a period <iil> Decontamination procedures bers or with disposable absolute filters. of 20 years. The rosters and/or sum shall bo established and implemented to ^(vii> Employees engaged In animal pippogt nativities shall bo (a) provided with, and requiredC<J hTfar, * complete maries shall be provided upon request to authorized representatives of the Assist ant Secretary and the Director. In the remove N-Nltrosodimcthylamine from the surfaces of materials, equipment and the decontamination facility. i protective clothing change, clean each day, including coveralls or pants and shii <. foot covers, head covers, gloves, r.nd appropriate respiratory protective equip ment or devices: and (b) Frier to each exit from a rcgvlal'd area, employees shall be required to re move and leave protective clothing and equipment at the point of exit and at the last exit of the day. to place used clothfag and equipment in impervious con tainers at the point of exit for purposes of decontamination or disposal. The con tents of such Impervious containers shall be identified rs required under para graphs (c)(2). (3), and (4) of this section. (c) Required to wash hands, forearms, - crenb'that* the. otpplj}>;cr ceases business without a successor,' rovers shfill-be fox-, ilv) Diy sweeping are jirohibitcd-.. and dry' mopping warded by registered mail to tire Director. (2) Einerrancies. In an emergency. Immediate measures Including, but not limited to, the requirements of subdivi sions (1), (ID, (iii), (iv), and (v) of this (e* Signs, inforviatiok'iirfd'-tfxiinrira^- - (1) Signs, (i) Entrances to regulated areas shall be posted with signs bee.ring the legend: j subparagraph shall be implemented. (B Tire potentially affected area shall be evacuated as soon as the ernci'gency has CAricra-SusmcT Ac.ext '' \ 5 `*L 4 Authorized PEF.so.'.'un, Oixt ' ) been determined. (11) Entrances to regulated areas con (ii) Hazardous conditions created by taining operations covered in paragraph the emergency shall be eliminated end (c> (5) of this section shall be posted with the potentially affected area shall bo de signs bearing the legend: contaminated prior to tho resumption of normal o;;. .itions. (til) Special medical surveillance by a physician shall be instituted within 21 hours for employees present in the poten Cancer-Suspect Agent ExrosEo is Tins Area , Impervious Sttrr Ixcttronec Gtores, Boots, , and Arr.-Surrr.rxo Hooo Re face and neck upon each exit from tho tially affected area at tho time of the quired AT ALL TIMES regulated area close to the point of exit, end before engaging in other activities; and. id) Required to shower after the last exit of the day. (viii) Employees, other than those en gaged only in animal support activities, each day shvll be to) provided with raid emergency. A report of the medical sur veillance and any treatment shall be in cluded in the incident report, in accord ance with paragraph (f) (2) of tins section. (iv) Where an employee has a known contact with N-XitrosodL-ncthylamine. such employee thail be required to shov er Authorized Personnel Only (lit) Appropriate signs and instruc tions shall be posted at the entrance to. nnd exit from, regulated areas, informing employees of the procedures that must be followed in entering and leaving a reg ulated area. required to wear a clean change of ap as soon as possible, unless contraindi (2) Container contents identification. propriate laboratory clothing, such as a solid front gown, surgical scrub s'jit, or cated by physical injuries. (v) An incident report on the emer (1) Containers of R-Eitrosod'.methyJamine and containers required under fully buttoned laboratory' coat. (b) Prior to each exit from a regnl i ted tree. employees sin11 be required to re move and leave protective clothing and equipment at the point of exit and at tho last exit of the day. to place used clothing and equipment In impervious containers at the point of exit for pur poses of deco:. taminatlou or disposal. Tho gency shall be reported as provided hi paragraph (f) (2) of this section. (3) Hygiene fccililiLS end practices. (1> Storage or consumption of food, stor age or use of containers of beverages, storage or application of cosmetics, smoking, storage of smoking materials, tobacco products or other products for chewing, or the chew ing of such products, paragraphs (c)(4) (v) and (c)(C)(vii* (b). and (c) (G) (viii) <b> of this section which are accessible only to, and han dled only by, authorised employees, or by other employees trained in accord ance with subparagraph (5) of this para graph, may have contents Identification limited to a generic or proprietary name, or other proprietary identification, of tho^ contents of such impervious containers arc prohibited in regulated areas. carcinogen and percent. FEDERAL REGISTER, VOt. 39, NO, T 2S--THURSDAV, JUNE 27, 1974 BOR 004463 A-51 233SS RULES AND REGULATIONS (Jl) Combiners of N-NitrosodiincThyl-- 'authorized representatives of the Assist <2) Itccords. (i) Employers of < amine and containers miui'Xil under ant Secretary and the Director. . ployccs examined pursuant to this pa ParaGraphs <c)<4)(v), <c) <G> (vii) 'la, if) Poparts--til Operations. Not later graph shall cause to be maintained cc and (c) (G) <\iii> tb) of this section which than March 1. lOIf, the information re plcte and accurate records of alf 1 are accessible to, or handled by vmploy- quired m subdivisions d, m), uin, and medical examinations. Recoids ,<ha'.: ecs other tliaii'viuUiarixrd employees or rivi of this paragraph shall be reported maintained for tlte duration of the c employees trained in .uwoid.iiuo with in writing to tiro neatest OSI1A ana pioyee's employment. L'.vcn u-rnim.v subparagraph <5> of th:.-, iwir.-i.iph .slin.ll Director. Any changes ,n such informa of an employee's employment, ntv;:. have contents identification which in tion shall to siliydarly reported in writing retirement or (hath, or in ihe event t cludes the full-chemical name and Chem within 15 caiviidar q.o.i of such chair e. the cm'ployer epa-es busine.-s wither., ical Abstracts Service Registry number ii) A.brief description and .n-pmnl lo successor, reeords, cr notarized t as listed in paragraph < a) 11 of this sec ci lion of the areaws) regulated and the copies. thereof, shall be forwarcul tion,1 " ' .address of each ia-.,plated area; registered mail,fa the Director. ; (iii). Containers. .shall have the warn '<ii> The name's/ and other identify- <ii> Records required-by thiV-p. in': words "C'AKCKP.-SUSPtfCT AGENT'-', vi:.','- information as lo the presave of graph shall be provided upon. reqt. displayed immediately uno. r or adjacent i)-Mitrosbdim'eihyiaiVrine -''hr. each rcgu- authorized repre mtaiivcs of ua to the contents idcnthicui ha. luted area; distant Secretary-,or .the D.rector. ; (iv) Containers whicii have N-Ni- ciri) Tile number of employees in each upon request of an 'employee 'or for:' trosodhnctliyhuninc contents with cor regulated area, during normal operations employee, to a phy.hcmn oesignatci. rosive or irritating prop-: nil's .shall have including maintenance activities; and the employee or to a new employer. label statements warning of such haz <iv> The manner in which N-Nnro- (iii) Any physician who couduv: ards. noting, if appropriate, particularly sodiinethylamine is present in each medical examination requhed by sensitive or affected portions of the body. regulated area; e.g. whether it is manu paragraph .-hail iurnrih to the em;.h (3) Letterin'). Lettering on signs and factured, processed, used, repackaged, a statement of the employee's stutab, instructions required by subparagraph released, stored, or otherwise handled. for employment in the specific expo:. (1) of this paragraph shall be a mini <2) Incidents. Incidents winch result mum letter height of 2 inches. Labels on in the release of N-Nitrosodimethyia- containers required under this section mine into any area where employees may shall not be less than \'s the size of the bo potentially exposed shall be reported largest lettering on the package, and not In accordance with this subparagraph. less than G point type in any instance: <i> A report of the occurrence of the Provided, That no such required lettering incident and the facts obtainable at that need be more than 1 inch in height. lime including a report on any medical (4) Prohibited statements. No state treatment of affceied employee- shall be ment shall appear on or near any re made within 24 hours to the nearest quired si mi, label, or instruction which OSHA Area Director. contradicts or detracts from the effect tii) A written report shall be filed with -of-sny rcquirqtl warning, information or the nearest OSHA Area Director within instruction. ' ' '' V* ' . 15.calendar days .hereafter anti shall ln- (5) Training and indoctrination. <i) etuettf: (d) 'A apceiiloiition. of t.he amount lOlO.Dl/q Vinyl chloride, (a) .Scope and application. <i < section applies to any area or opera in which vinyl chloride ''chloroetr.cChemical Abstracts Service P.c.:; Number 73015, is manufactured, reac handled, processed, released, repac or stored. (2) Tills section does not apply to handling, storage, or other use cf t chloride polymers and copolymers ;r. form of faoncatcd products. tb> Pcrm.sstoic exposure. The cm, ticnal environment s.i.all.be c.ontrol!' Each employee prior to being authorized to cnt;r r. regulated area, shall receive a training and indoctrination program in cluding. 1'iit not necessarily limited to: <fl) Tj. nature of the carcinogenic hazards oi N-Nitrosouimeihylamiiic, includ 'g local and systemic toxicity; Cfc'1 The specific nature of the oper ation involving N-NitrosodimctUylamhie whit . could result in exposure; (c) The purpose for and application of the medical surveillance pro-tram, in cluding. as appropriate, me the- of scir- of material released, the amount of involved, and an explanation of the procedtire used in determining tills figure; - (h) A description of the area involved, and the extent of known and jx/ssible employee exposure and area contamina tion; and (c) A report of any medical treatment of affected employees, and any medical surveillance program implemented; and C<) An analysis of Uie circumstances of the incident, and measures taken or to be taken, with specific completion co"hf lon5r'0'i'denpalrites' ap''ecr6rmi*e",ies"ll*nio*trnxt;p.iiiiolpsnuemuri.p*10 e>, i'; mg/cum). (c) Monitoring--< 1> Initial mem ing. As soon as possible but not later April 22, 11174. every employer of an ployce working m an area or operat: which vinyl chloride is mamu.tctuie acted, handled, processed, release- packed. or stored .-hall begin mom: the ambient air of the area to dete. whether it contains vinyl chloride u centrations in excess of 50 ppm. examination; dates, to avoid further similar releases. (2/ Prcgnaicy. Monitoring of a (d) The purpose of and application of (g) Medical surveillance. At no cost to cicnt number of employees so t. decontamination practices and purposes; tire employee, a progr am of medical sur representative sample of expos:;, <e) The purpose for and significance of emergency practices and procedures; (/) Tire employee's specific role in emergency procedures: * (g) Specific information to aid the employee in recognition and evaluation of conditions and situations which may result in the release of N-NUrosodtmcthylamii'..': veillance shall be established and imple mented for employees considered for as signment to enter regulated areas, and for authorized employees. <l> Examina tions. (i) Before an employee is assigned, to enter a retaliated area, a preassign ment physical examination by a phy sician shall be provided. Tire examination shall include ihc personal history of the employee, family and occupational back vinyl chloricc rimy be determinee be accompli shed not less frequent!, weekly until all results for three cc five weeks are at or below 50 ppm.' after, monitoring shall be cor.due less frequently man monthly so ' the concentrations of vinyl eh'.o not exceed 50 ppm. If a monitor:: pie reveals vinyl chloride in cor. tions in excess of 50 ppm, wcekl Oi> The purpose for and application ground, including genetic and environ toring shall be resumed uim.l ol of specific first aid procedures and prac mental factors. for three consecutive weeks are : tices. (ii) Authorized employees shall be low 50 ppm. (0 A review of this section at the em provided periodic physical examinations, (3) Method o/ monitoring. P ployee's first training and indoctrination not less often than annually, following monitoring shall be aceompm-':-; program and annually thereafter. the preassignment examination. icctmg samples by suitable atv. <ii) Specific emerge/icy procedures (iii) In all physical examinations, the by the employee. Tlte sample.* shall be prescribed, and jicxlcd. and em examining physician shall consider analyzed by gas ehromategrs:: ployees shall be familiarized wilii their whether ilicrc exist conditions of in any other method which is of c terms, and rehearsed In their applica creased risk, including reduced Immu sensitivity. The analytical 1 tion. nological competence, those undergoing shaii be sensitive to 5 ppm of v (iii) All materials relating to the pro gram shall be provided upon request to treatment with steroids or cytotoxic agents, pregnancy and cigarette smoking. ride in air with an accuracy cf cent for a ten minute air sam; 39 1 37 )974KDERAL REGISTER, VOl. . NO. JS--THDESDAV, JUNE , BR 004464 t A-52 Chapter XVtl--Occupational Safety and Health Admin. 5 1911.18 [S tutU-Q DmcUioiiTt V7TT, Any rule or standard adopted undef*narasraph (a) of this section rnaa Incorporate a concise general sth emt..t of Us basis and purpose. The stutenie.r. Is not required to include rpeci.ic a.-i . detailed .findings and. conclusions 01 ` kind custo'inavily assnci&ttcl ivnhv .orjna proceedings. However, the sta.en.ont .--11 show the significant issues whicn 1e been faced* and will reticulate the ra tionnie for their solutio^j v. . *4 4 t * i. V.-Cv. (r-V5 '.sM-i'. -> t -S'! >.*r *7 '-T. >7; BOR 004465 4 A-53 ; ,, * * * **. . 172.5 Title 49--Transportation [* 172.TL, List of li.nximlniu m;ilcri:<U^ "(a) For explanation of signs t-nd abbreviations-see } 172.4.. s - ______________________ ____________ _u______ Article Classed as Exemptions and packing tsec see) Maximum Label required t;u.-;:int% in if not exempt 1 fin'. '.d'' fO(iU(n<'ri>7 rail express chloride............... ..................... F. C. 0.... ... 173.3V.. 173-301. 173.31-1, y. o............... 300 ptiumh.) Vinylldenr thlpride. iulnbitcd...... F. L........... ... I7.i ns, 173 ip................ , .. y.L............... 10 pLllon'. Vinyl huotidc inhibited..,................. y.c, ti.,,. 173`if. 173.301, 173.31-;, r. o............... 300 pounds. 173 315. Vinyl jin ihj 1 ether, inhibited..,___ F. c:. G.... ... 173 3.*i. 17J 3 xi. 173 3M .. F. G............... 21 pounds, . Vinyl Uirhioro^laiie............................ y. l............ ... No exemption, 173.135___ .. y. l................. 10 t'OllOIU. Ilor Ktn4*. Sir Kxplofsvo projectiles. \\omc pr.i'er, wn.,,.,........................ ... No exemption, 173 1'`>___ .. F. S................ ttiiMe n Mile, wet........................... K. s............ ... No ev'ii.phoii, 173.2*1. .. .. F.S................ \\ a>ic wihiI, wet........, . ............. ' y. s............ ... No \ iniii'ii&'i, 173/213___ ., 1'. S................ Water ir'Vmeni eompnuud, tiqn.d* Cor...,___ ... i7j.:ii, ................... .. Corrosive..,. 04Weed killing' eoinpounds, liquid. hVInj'iMMri.') S>Vv nvwu Not arccptcil. Not accepted. Not accepted. 10 gallons. killir.c, liquid, Wei Karr. NVe llatrwei. Wft nuroteiHilo5;**, rnil.itdrd, I'ranu- F. L........... 173.118,173.12?......................... F. L........ 25 pounds. lor or flake--2.) prr c".t alcohol or snlvviu; or block--25 percent alcohol. Wet nsirri <dlu!o<*. roJ!f;d',,l. cranu* F. S. lor or flake---iv ppf, o-u w\ncr. .... 173.163.173.1>4___ F. S.... ICO pounds. Wh iuimm 50 percent alco F. L. ___ 1T3.11S. 173.1^7_____ y, l.... 25 pounds. hol or 5-tlvi`ut. Wn miro vilu'o'e--'jn pr-ro ni water F. S. Wet iutr*h rllulu^c flakes-- Jupercent y. l. Alcohol or solvent. .... 173.153, 173.HI___ .... 173.11s. 173.137___ v. s___ F. L.... KO pounds. 25 pounds. Wet rutry^uiimdii.c--'JO percent F. S, -. 3. - . * .. VPrt iritrotate!i--"ittfvei>i tfnf/r,';. F?.*?' Wet mir<>Marcli*30 percent alcuhol F, L or solv.nt. .... 173.153.173.151.... ...f 1:3^3" iSf.Vtfl .... 173.11s. I73.U7,... t\Y.,rSr._` _i*_v_ F. S.,.. y. l..,. 100 pounds. ICO pounds. 25 pounds. Wet iMjH'f stock', ikt Taper stock, wet. Wei rnp'. See Knits, wet. Wet I rutile waste. \t Waste textile, Wei. Wet waste paper. See Waste paper, wet. Wet weste wool. Site Waste wool, wet. Wood al'idioi (methanol, methyl F. L................. 173.118,173.125............. .......... F. L................. lOpallons. alcohol). "Woit.l filler. ,cre MNihit, enamel, lnrr|i]er, stain, shellac, vanmh, etc. Wood pdi'h. See Polishes, r;i*-tnl, Stove, furniture and wood, liquid. Wood stain, liquid. .Sr * Paint, etiiiim), lacquer, stain, shellac, vjruish, cte. Wool wu>tc, wet. Set Waste wool, wet. X*ray liliu (iitrocr//t/h'<r firixr)........... F. S..................No exemption, 173.177.. .... KK..SS................... 200 pounds. X-ray ldm ufoa-tyrm/*;),.......... See \ 173,151 (a)(1). X*ray film scrap (fiifrocrfiufose 6<uf), F.S.... samples of. X-iay Idm scrap (>rtroee!iu!oi( base), y. s. No exemption, 173.wri........... F. S.... No exemption, 173,105.*........ F-1$.... '25 pounds. Not accepted. other tlcui s.miphv X-ray him scrap Pee t I73.lal X r.iVfilm,unextiosed (n>tn>eellu!o3( F. S................ bn**). Xylol iX.hne)....................................... F. L............... Xylyl bromide.*... ............................ Irr................... Zinc amm/mium nitrile.............. .... . flxv. M.......... Zinc ar ii*i. hi*.. .................................... Poij. h.... Zinc a: .if**. solid.............................. 1*0.5. It. ..... Z.r.* c*.i t iV-....., ...................... 0y. M.......... Zinc f >.ci*le ... ......... ... , See \ 173.370. ifmc i'.K.'t. ike Pyrofurtc liquids, it-O.V Ztne ?fr.:'r See Nitrates, u.o.s. Zinc |t i n.iinu.uute......................... Oxy. M......... Zinc peroxide,.,..,................. ........... Oxy. M......... 173-liO..................................... : F.S____ ,,... *.i<0 pounds. I73.ll*. 173.1l'i................ Nn e\i i:ipt.'Hi, 173 3*2.. No t \r;i'.;a|o*\, l73.2f>.. ir.V'M. 173 3''.'................ 173 .V i. 173 :>.>., ....... 173 i:.3.173.ltd............... K. 1...... Irul.'iiiL. i tv....... T*:s....... |vm___ Oxy..... Pi calim.s. 75 jtMindS. b' ft ppooiu.it..ddSs.. s. Km pounds. 173.153, 173 171.............. 173,17.3, 173.154.............. <>xy....... Oxy........ KiO pounds. 100 {Kuiuds. BOR 004466 $ 173.402 _ Title 49--Transportation rTn3.102 L;i1k-Uu" uiuUthiTT} wC--K**--l Incept as otheia:.^ d, ?mvJ this pait. no pci son .a> o.. ci *->. tr.u porlation a package, cc.niamu.g a nasardous material unless-that- package- is 'consr.icuousiv labeled in accordance with the followin'1 p.'ji For a flammable compressed gas, fi"Fiuit;ir;ablc gas" label as described in 5 173.<l07j S3.-. 01 LnbchTI >*" Shippers must furnish and attach abels prescribed for their ; chases. L&bels should be applied to that part of Lhe package bearing consignee's name tad address. (b) Labels must not be applied to a package contain::'.!: only material which U not subject to Parts 170--ISO of tins subchap ter or which is exempted there from. However, this paragraph does not prohibit t!v use Of labels required for purposes of import or export shipments or required by it CFR 103.13 of the Fed eral Aviation, Regulation;; on. packages, cestiheh f6r lrhn'sportatio:i by air.' (c) Shippers must not use labels which by their slr.c. shape, and color, may read ily be confused with the standard cau tion labels prescribed in this part. (d) Except as otherwise provided in this part, each label must be diamond shape with each side at least 4 inches long and have a solid iinc border at least 3.5 inches long on each side. The speci fications for colors in Appendix A to this part should be followed for the colors prescribed in 5.5 173.405 through 173.422, (e) Form identification information (Including name of supplier! may be printed on a label, in type not larger than 10 point, if it is placed outside of Use solid line border of the label. (f) For import shipments only, labels ifiixcd to packages in another country having the same size, symbols, and color is prescribed in these regulations arc au thorized in place of the labels prescribed herein. They may contain inscriptions required by the country of origin. (g) A label may be overstamped or overprinted with the appropriate hazard class numeral as listed in `5 175.4 oftins astulbccahsal p0teor5. T:nhceh ninumhcb.eirr;hsthf oaunltdl bmeub.nlacl;k,,, located in the bottom corner of the lab'-l . . ... , > .`lu The m.-piayortiie clan number on Cents''5 requlrcd-by so,nc forelen Govcm- (h) Labels required by the regulations immediately prior to January 1, 197-t. may be used until January l, 1975. This provision docs not applvjm the required use of labels for explosivcsj 129 PJl. 1B7G7. Dee. 25. ISM. 0* amended by Amdt. 173-70, 30 FR 5310, Feb. 27,19731 I J73. in7 1 l.iuininMt' gu-. label. ^'S-2 Each "'Flammable gas" label ex cept for size and color must be as shown: fs-igV, . (1) In addition to the requirements of 173.404, each label must be red, the inscription, border, and symbol blszi |[ (Arndt. 173-70, 38 FR 5311, Feb, 27, lSTiJ^ Note: The nmcudna-ius appearing at 37 FI 5947, March 23, 1972 were designated c.7c:t:: . December 31. 1972. At 33 Fit 12807, May It 1973, the elective date was postponed a December 31, 1973. BOR 004467 APPENDIX B UNITED STATES DEPARTMENT OF LABOR ' Occupational Safety and Health Administration A-5 5 / - In the Matter of: ) 'p&imNEN^ ) Title' 29, Codeof Federal SAFETY-" ) -R&gulations.>'.'1910 .-93a, AND HEALTH STANDARD FOR ` ) Vinyl chloride. *. EXPOSURE TO VINYLCHLORIDE ) _________________________ ____________________ ) Petition for Stay of Effective Date of Standard The Society of the Plastics Industry, Inc. (SPI), 1/ by its attorneys, hereby petitions the Assistant Secretary of Labor for Occupational Safety and Health to stay the 'recently. prpnvul.gat.ad,..s.tandar.d,-..for-..-occupational , .exposure^ to ^ vinyl chloride, 29 C.F.R. 1910.93g (39 Fed. Reg. 35890, October 4, 1974). 1/ The Society of the Plastics Industry, Inc. is a corpora tion organized under the Not-for-Profit Corporation Lav/ of the State of New York. It is composed of approximately 1,400 member companies and individuals who supply raw materials; process or manufacture plastics or plastics products; engineer or construct molds or similar accessory equipment for the plastics industry; and engage in the manufacture of machinery used to make plastics products for materials of all types. The Society is the major national trade association of the plastics industry; its membership is responsible for an estimated 755 of the total dollar volume of sales of plastics in this country. It is through the SPI Vinyl Chloride Monomer and Polyvinyl Chloride Resin Producers Committee, an operating unit of SPI, that the plastics industry has coordinated its participation in the rulemaking proceedings concerning occu pational exposure to vinyl chloride. As such, therefore, the SPI has a direct interest in this matter in its capacity as designated representative of the affected employers. BOR 004468 t 2' - A-56 . . . . The primary ground for requesting this relief is, as set ayt in more detail in the attached Affidavit of Jerome H. Heckman, Esq., that the respiratory protectionrequirements, of' the''standard :a`re- 'beyond the ..compliance capabilities of the industry. Firstly, the permitted equipment is not available.in sufficient supply now nor will it be on January 1, 1975 or in the immediate future. Secondly, not only is much of the respiratory protective equipment specified for use under the Standard not as yet approved for the specified uses, but, on the basis of the attached memoranda from the Acting Director of the NIOSH fic'e-;-eFf-Re search,.and. ...Standards Development to the Acting ***'*''*)* ''*>* f- kj. . . , . .... Director of NIOSH dated October 18, 1974 and from the Acting Director of NIOSH to the Director of the OSHA Office of Standards, it is anticipated that such yet to be approved respiratory protective equipment will not be approved by January 1, 1975. Thirdly, a sufficient supply of such equipment cannot, even with all appropriate approvals, be made available in sufficient time for the industry to comply with the standard by its present effective date. Failure to grant the requested relief would force large segments of the vinyl chloride monomer and polyvinyl chloride resin industry to cease manufacturing operations after December 31, 1974. BOR 004469 WHEREFORE , IT IS'RESPECTFULLY REQUESTED that-the Secretary expeditiously grant the relief requested herein,' ' to wi.t,:t, stay the, effective .date .of that portion of the standard due to become effective January 1, 1975; and continue the aforementioned stay in effect until such time as sufficient quantities of approve'3 respiratory protective equipment are available to the industry, or until a court determines that compliance with the relevant portions of the standard is not required. Respectfully submitted. THE SOCIETY OF THE PLASTICS INDUSTRY, INC. Of Counsel: Keller and Heckman 1150 17th Street, N.W. Suite 1000 Washington, D.C. 20036 Telephone: (202) 296-2700 DATE: November 5, 1974 BOR 004470 AFFIDAVIT Citi' Of Washington District of-Columbia ) ) ) ss: I, Jerome H. Heckman, of Washington, D.C., attorney for The Society of the Plastics Industry, Inc. (SPI) , being first duly sworn, do depose and say as follows: ington, 1. I am an attorney at law, a partner in'the Wash- \ D.C. law firm of Keller and Heckman and am General Counsel to The Society of the Plastics Industry, Inc. In that capacity, I have and continue to represent the Society ana its members in matters with regard to the Department of Labor's Occupational Safety and Health Administration standard setting proceedings in the matter of occupational exposure to vinyl chloride. 2. I have reviewed the recently promulgated occupa tional exposure standard for vinyl chloride, 29 C.F.R. 1910. 93q, published in the Federal Register on Friday, October 4, 1974 at page 35890 et sec. Based on knowledge, information, and belief acquired by receiving information from companies in the industry, I further state that, with regard to the aforementioned standard for occupational ex posure to vinyl chloride, it will be impossible for the affected industry to comply with the Standard, especially BOR 004471 A-5 9 -2 - the section entitled " (g) Respiratory protection" Lnereof 'V * 1. - (29 C.F.R. 1910.93q(g)) and that, therefore, unless -appro- ; priate ..relief, is., granted,-..a ..substantial number of vinyl' chloride and polyvinyl chloride manufacturers in the United States will have to cease manufacturing and production operations after December 31, 1974. Likewise, many proces sors , fabricators and others covered by the Standard and requiring respiratory protective equipment will have to cease operations after December 31, 1974. 3, The specific nature of the requirements in the Standard, that is, the fact that every employee in every segment of the industry exposed to concentrations of vinyl chloride in excess of the permissible levels of 1 part per million (ppm) averaged over any eight hour period and 5 ppm averaged over any period not exceeding 15 minutes must be supplied with an appropriate respiratory protective device as set out in the Standard, suggested that insufficient quantities of the prescribed respiratory protective equip ment would be available in sufficient time to enable the industry to comply with the requirements of the Standard. 4. Following up on this, by telephone, we contacted individual VCM and PVC industry members covered by the Stan dard to determine the types and quantities of respiratory protective devices they would have to obtain in order to BOR 004472 comply with the Standard's requirements. The specific figures,requested and obtained covered equipment required, whether on order or not, which equipment would have to be ....obtained-and- installed or .otherwise on..hand,in-.order to . continue manufacturing operations on and after the effective date of the Standard, January 1, 1975. 5. Similarly, by telephone, we inquired directly of all known suppliers of the respiratory equipment listed in this Standard to ascertain whether these suppliers could, disregarding outstanding and unfilled orders, supply the necessary respiratory protective equipment to the industry by January 1, 1975. . \\ . fc'v.v.'V ` iv * 'W', ..O'* t *'* ** , 1 J .V* A* V- " 6 Comparing gross available supply with gross ' '* demand, we have determined that, even under the best of circumstances and assuming the timely approval of eligible equipment specifically permitted under the Standard, the gross demand is considerably in excess of the supply for the equipment required. 7. The specifics of the supply and demand situations, as very conservatively projected from the data gathered, are as follows: i/ 17 The mrori ation"~in this survey was gathered by Counsel on a company confidential reporting basis so as to avoid any pos sibility of adverse antitrust considerations. Therefore, the detailed background data, affidavits and the like are not being made available herewith, it being assumed that the data and information reported herein can be easily verified by the Department of Labor and the Occupational Safety and Health Administration. BOR 004473 A-61 -4 (a) ' For atmospheric concentrations of n- * * ' *. ' . ` - * ;' - vinyl chloride that are unknown or above -.3>00 ppmt;. the- demand-, of..-the vinyl. chloride , monomer and polyvinyl chloride resin manu facturers is for 429 of the prescribed units with 1/072 air bottles. Current available supply is 3,325 units and 6,000 refills. The lag time for supply of additional units is in the range of 30 to 60 months. (b) For vinyl chloride concentrations not in excess of 3,600 ppm, there is a total I,-.'-! w v -v1^ demand of 3,186 complete units. The suppliers indicate that neither of the devices specified is available. As to the combination type C supplied air respiratory, pressure demand type, only a prototype model exists as of this time but it has not been approved by NIOSH and, even if it were, no estimates could be obtained as to when this device would be commercially available. As to the type.C, supplied air respirator continuous flow type, the suppliers of this equipment have informed us that NIOSH has refused to authorize the currently available equipment for use by this industry because the continuous air flow rate is insufficient. BOB 004474 t A-6 2 (c) For vinyl chloride concentrations v'not' in excess of 100 ppm, the demand, is- for 614^ devices of any permitted type. The suppliers report that this demand cannot be met. The demand type supplied air respirator supply picture is the same as that reported in subparagraph (b) above for the pressure demand type supplied air respirators. The same is true of the open circuit self-contained breathing apparatus discussed in subparagraph (a) above except that these devices permitted ..... . ... V ... JA*. - ... ,.* ..r... . for less than 100 ppm are demand t' ype""ratfier:i-i' than pressure demand type. One supplier in formed us that an unknown quantity of demand type self-contained devices would become avail able at some unspecified time during the first half of 1975. As to the demand type supplied air respirators, commercially available devices of this nature are not currently NIOSH approved. However, if approval could be expeditiously obtained, approximately 500 units could be supplied by the first of the year with a lead time of eight months from the time of NIOSH approval and the filing of purchase orders for additional units. BOR 004475 i -6- A (d) For vinyl chloride concentrations not in excess of 25 ppm, demand for' either 'unit permitted;--jls-5^4-78 .units (*wi4th .1.03,,3,97 .. ...... refills. The suppliers report that the powered air purifying respirator with hood does not exist. Canister gas masks, not yet approved by NIOSH, are available. Approxi mately 3,000 units and an unknown number of replacement canisters are currently available with a potential canister replacement produc tion of 30,000 units per month beginning after January 1, 1975. (e) For vinyl chloride concentrations not in excess of 10 ppm, the demand for any permitted device is 2,940 units and 556,500 replacement cartridges as appropriate. The supply for the demand type' supplied air respirators permitted is the same as reported in subparagraph (c) above. Chemical cartridge type respirators are available but have yet to be NIOSH approved. With NIOSH approval, sup pliers indicate that 3,000 units and an unknown quantity of replacement cartridges are currently available and that potential replacement cartridge BOR 004476 i -7- A-6 4 manufacture rates after January 1, 1975 are" "in the' range of 200,000 units per month. .From the foregoing'it is" obvious"-that `the demand for respira tory protective devices exceeds both current available supply and the supply were all NIOSH approvals granted. The industry requires approximately 12,650 respiratory protective devices on hand and operable by January 1, 1975 since a major portion of the respiratory protective devices on hand in industry are not of the type permitted in the new Standard and the Standard' very low permissible exposure limits combined with the very broad^dfef init-ion* of -regulated area has- 'caused--an^expansion in-the number of personnel who must be supplied with respiratory protective equipment. Other regulations and guidelines, both federal and state, will further increase the already high de mand. The available supply of respirators of all types is low because NIOSH approvals for certain types of equipment are lacking or have been withdrawn. Additionally, since the specific requirements of the Standard were not know until October 4, 1974, suppliers have not yet had an opportunity to plan and begin production of the appropriate equipment. - In any case, total available supply at this time is 3,325 units. With NIOSH approval of all permitted systems listed BOR 004477 -8- A-6 5 in the Standard available-supply would still..only .be 9,82-5 units. ' .' ' ,, Th-..shp^t( the current, available supply is only 26% of current demand with optimum supply (expeditious NIOSH approvals) being only 78% of current demand. Without appro priate NIOSH approvals the industry is a minimum of 22% and a maximum of 74% short of the respiratory protective devices mandated by the Standard. These figures have been developed solely from the demand existing in the vinyl chloride monomer and polyvinyl chloride resin segments of the industry. The potential of additional demand being created by processors, fabricators and other elements of the industry could not be calculated and factored in to this survey. Nonetheless, it is patently obvious that any increase in demand from other segments of the industry will enlarge the gap between supply and demand. In light of the foregoing facts we have concluded that, because the supply for respiratory protective devices is so short, there is no likelihood that, even given NIOSH approvals and the most equitable apportionment of the avail able supply, all the closely interrelated and interdependent segments of this industry could legally continue manufacturing operations after December 31, 1974. An interruption in the BOR 004478 A-6 6 -9 - i manufacturing' abilities of raw materials suppliers, or the semi-finished products consumers and suppliers would have sachi a sign ifleant--impact on; the other- elements. o.vth.e .in--. dustry that no portion of the industry, even if it were itself able to meet all requirements of the Standard, could continue in operation because either the raw materials supply or the markets would cease to function. '/Jerome H.' Heckman / General Counsel The Society of the Plastics **V1""!'fcIfrd'hs't:ry>'Tfre .....**'*** ^ Keller and Heckman 1150 17th Street, N.W. Suite 1000 Washington, D. C. 20036 Telephone: (202) 296-2700 f'/V* Subscribed and sworn to before me this 5th day of November, 1974 rd+'Mt Vjflotary Public yi Qqouuium zplra I'tU X4# Seal: BOR 004479  T\/?o"R A 7\j ,yxkJa\i XI 1 DEPARTMENT 01' : lEAh'l'i I. VCATlcJM /" V/r.l.r>, .-PUiii.K; r,!:: M-uViCt: Ct-MI.< t'lK If.-.: "I. C fii'll. NATIONAL INVTnllTF, I OK f;Cl r.M iONAI. V A NO ^ : Director, Office of Standards Occupational Safety and Health , AdmlnistraLion, DOL ' v ... -, , DATE: October 21, 1974 A-6 7 ROM . -,; Acting Diudetoe,.'UIOSH< . ;unJECT: Vinyl Chloride Respirator Usay: NIOSU has reviewed the Occupational Safety and Health Standard for Exposure to Vinyl Chloride which appeared in the October 4, 1974, Federal Register (39 FP, 35390). Particularly noted were those sections dealing with respirator usage, which allowed the use of air-purifying respirators under certain circumstances. Unfortunately, as indicated in the enclosed meitorandun, no respirators of a cannister or cartridge type that will protect the worker in nonecergency operations is currently available or likely to be this year. '?k^refpx,e;^ the.^NIOSlI stand for protection in rou-energenc y situations roust remain as stated in tne'RSc o"mianded- >'St andar trraa-n-ssmwiitted. .tp,;.P..SUA, on March 11, 1974: `'Until exposures to vinyl chloride arc reduced below detectable levels, employees entering any regulated area shall l>a provided with and required to wear ana use a full-face, supplied air respirator, of the continuous flow or pressure demand type in accordance with 1910.134." . ,_ i Enclosure HIOSH - REGION II! \ B0R 04480 / J --I * \ \ . A i *' j. IO Edward' J." '.'aicr Acting tor, tllOSU DfirARTMHNT Ol: HfJAL'f'i. P.DUCATION, AND runnt: Hi-.M.TffSERVK.i-: , cr.NiiR i-v;it liii.nisr: fosinoi. NATIONAL INMIUTiE ( Oft <'.CUI*A rjONAL .SAI l.fV AND JlEAL'j M R DATE: October 15, 1074 A-68 FROM : Acting Director, Office of Research and Standards Development SUBJECT: Respirator Use Recommendations for Vinyl Chloride ' st. The current NIOSK respiratory protection, recommendations, as expressed in the Recommended Standard for Occupational Exposure to Vinyl Chloride, calls for use of positive-pressure supplied air respirators where there is detectable exposure to vinyl chloride. , " Jn preparing for the above recommendation, the NIQSH Engineering Branch in Cincinnati tested organic vapor canisters and .cartridges . fer effectiveness against vinyl chloride. An Evaluation of'Organic ' Vapor ':''RAspiratbr'fchtfcrids`r'ar8T' Chrilste'ts A'gaiirst-"Vinyl -Chloride ,*- *u- hy David L. Smith and William S. Giesler (NIOSH Publication No. 75-111) describes these tests and supports the above recommendations. On September 19, 1974, Hr. Grover Vrenn of CSKA, met with Messrs. Lynch, Cudeman, and Bryant of NIOSH, to discuss respiratory protection against vinyl chloride. Mr. Wrenn indicated then that OSHA was determined to permit use of pox^ered air-purifying respirators and gas masks for vinyl chloride respiratory protection for routine and non-routine use, respectively. OSHA, subsequently, revised these proposed use requirements and the Occupational Safety and Health Standard for Exposure to Vinyl Chloride X'/hich appeared in the October 4, 1974, Federal Register (.39 FR 35390) , contained the following general requirements: 1. Respirator use is voluntary. . 2. 1IESA/UI05U - approved respirators shall he used. 3. A respirator program shall be established and maintained. iiv,i/MJ?** * BOR 004481 \I 6. The following, respirators may be cued. . Over 3,600 ppm Not oVot '3,600 ppm ' :N, ... positive, pressure SC3A supplied air respirators (positive pressure) Not over 100 ppm supplied air respirators .Not,oven .25..ppn .powered air purifying respirator ' ' gas mask hours- .ssevice .life ,... ^ . . up to 25 ppm) ' . , ' Not over 10 ppm ' *, chemical cartridge respirator (1 hour service life up to 10 ppm) at The above respirator use requirements in item 6 are based on expected performance criteria that would reduce the vinyl chloride concentration in. the wearer's breathing to acceptable levels. No canister or cartridge masks are currently available which r.eat NI0SH requirements nor are any expected to be approved during this >*car. Consequently, the original recommendation by NIOSH is to be reiterated i.e, employees entering any regulated area shall be provided with and requirca't'o'`iSSair'`t?hd>'U3e-..a fili.race.,^auEglied air respirator, of the continuous flow or pressure, demand type in accor3aheeflVith? 134^... In response to this publication, the NI03U Engineering Branch has prepared test requirements for, and 7CL is preparing to apprev-j, canisters and cartridges meeting the following general performance requirements: Device Test Concentration, pen Vinyl Chloride . Service life, hours Canister Air-purifying cartridge . Powarca air- purifying cartridge 25 10 25 6 2 6 Each type of device shall be equipped with an end-of-service life indicator. * The approved devices would bear labels requiring careful Attachment \ BOR 004482 i * 1 'i N f / *.. r' s f *",? V. `"v - **'* - ` <'- , >,,V-. .*/>v :'>v.- V': .?* .v*. . ` */>v-`..,1.;,k;,,:*,. v.1.^f1*-<SV!*^-"a1 ^ BOR 004483