(1) It shall be the responsibility of management to establish,
supervise, and enforce, in a manner which is effective in practice:
(a) A safe and healthful working environment.
(b) An accident prevention program as required by these standards.
(c) Training programs to improve the skill and competency of
all employees in the field of occupational safety and health.
(2) Employees required to handle or use poisons, caustics, and
other harmful substances shall be instructed regarding the safe
handling and use, and be made aware of the potential hazards,
personal hygiene, and personal protective measures required.
(3) In job site areas where harmful plants or animals are present,
employees who may be exposed shall be instructed regarding the
potential hazards, and how to avoid injury, and the first aid
procedures to be used in the event of injury.
(4) Employees required to handle or use flammable liquids, gases,
or toxic materials shall be instructed in the safe handling and
use of these materials and made aware of the specific requirements
contained in Parts B, D, and other applicable parts of this standard.
(6) The employer shall ensure that work assignments place no
employee in a position or location not within ordinary calling
distance of another employee able to render assistance in case
of emergency.
Note: This subsection does not apply to
operators of motor vehicles, watchpersons or other jobs which,
by their nature, are single employee assignments. However, a definite
procedure for checking the welfare of all employees during working
hours should be instituted and all employees so advised.
(7) Each employer shall post and keep posted a notice or notices
(Job Safety and Health Protection - Form F416-081-909) to be furnished
by the department of labor and industries, informing employees
of the protections and obligations provided for in the act and
that for assistance and information, including copies of the act,
and of specific safety and health standards employees should contact
the employer or the nearest office of the department of labor
and industries. Such notice or notices shall be posted by the
employer at each establishment in a conspicuous place or places
where notices to employees are customarily posted. Each employer
shall take steps to assure that such notices are not altered,
defaced, or covered by other material.
(1) Employees shall coordinate and cooperate with all other employees
in an attempt to eliminate accidents.
(2) Employees shall study and observe all safety standards governing
their work.
(3) Employees shall apply the principles of accident prevention
in their daily work and shall use proper safety devices and protective
equipment as required by their employment or employer.
(4) Employees shall properly care for all personal protective
equipment.
(5) Employees shall make a report, on the day of the incident,
to their immediate supervisor, of each industrial injury or occupational
illness, regardless of the degree of severity.
(1) Exemptions. Workers of employers whose primary business is
other than construction, who are engaged solely in maintenance
and repair work, including painting and decorating, are exempt
from the requirement of this section provided:
(a) The maintenance and repair work, including painting and
decorating, is being performed on the employer's premises, or
facility.
(b) The length of the project does not exceed one week.
(c) The employer is in compliance with the requirements of
WAC 296-800-140
Accident prevention program, and WAC
296-800-130, Safety committees and safety meetings.
(2) Each employer shall develop a formal accident-prevention
program, tailored to the needs of the particular plant or operation
and to the type of hazard involved. The department may be contacted
for assistance in developing appropriate programs.
(3) The
following are the minimal program elements for all employers:
A safety orientation program describing the employer's safety
program and including:
(a) How, where, and when to report injuries, including instruction
as to the location of first-aid facilities.
(b) How to report unsafe conditions and practices.
(c) The use and care of required personal protective equipment.
(d) The proper actions to take in event of emergencies including
the routes of exiting from areas during emergencies.
(e) Identification of the hazardous gases, chemicals, or materials
involved along with the instructions on the safe use and emergency
action following accidental exposure.
(f) A description of the employer's total safety program.
(g) An on-the-job review of the practices necessary to perform
the initial job assignments in a safe manner.
(4) Each accident-prevention program shall be outlined in written
format.
(5) Every employer shall conduct crew leader-crew safety meetings
as follows:
(a) Crew Leader-crew safety meetings shall be held at the beginning
of each job, and at least weekly thereafter.
(b) Crew Leader-crew meetings tailored to the particular operation.
(6) Crew leader-crew safety meetings shall address the following:
(a) A review of any walk-around safety inspection conducted
since the last safety meeting.
(b) A review of any citation to assist in correction of hazards.
(c) An evaluation of any accident investigations conducted
since the last meeting to determine if the cause of the unsafe
acts or unsafe conditions involved were properly identified
and corrected.
(d) Attendance shall be documented.
(e) Subjects discussed shall be documented.
Note: Subcontractors and their employees
may, with the permission of the general contractor, elect to fulfill
the requirements of subsection (5)(a) and (b) of this section
by attending the prime contractors crew leader-crew safety meeting.
Any of the requirements of subsections (6)(a), (b), (c), and (7)
of this section not satisfied by the prime contractors safety
meetings shall be the responsibility of the individual employers.
(7) Minutes of each crew leader-crew meeting shall be prepared
and a copy shall be maintained at the location where the majority
of the employees of each construction site report for work each
day.
(8) Minutes of crew leader-crew safety meetings shall be retained
by the employer for at least one year and shall be made available
for review by personnel of the department, upon request.
(9) Every employer shall conduct walk-around safety inspections
as follows:
(a) At the beginning of each job, and at least weekly thereafter,
a walk-around safety inspection shall be conducted jointly by
one member of management and one employee, elected by the employees,
as their authorized representative.
(b) The employer shall document walk-around safety inspections
and such documentation shall be available for inspection by
personnel of the department.
(c) Records of walk-around inspections shall be maintained
by the employer until the completion of the job.
There shall be installed and maintained in every fixed establishment
(the place where employees regularly report to work) employing
eight or more persons, a safety bulletin board sufficient in size
to display and post safety bulletins, newsletters, posters, accident
statistics and other safety educational material.
This section is designed to assure that all employees in this
state are afforded quick and effective first-aid attention in
the event of an on the job injury. To achieve this purpose the
presence of personnel trained in first-aid procedures at or near
those places where employees are working is required. Compliance
with the provisions of this section may require the presence of
more than one first-aid trained person.
(1) Each employer must have available at all worksites, where
a crew is present, a person or persons holding a valid first-aid
certificate.
(2) All crew leaders, supervisors or persons in direct charge
of one or more employees must have a valid first-aid certificate.
(3) For the purposes of this section, a crew means a group of
two or more employees working at any worksite.
Note: The requirement that all crew leaders,
supervisors or person in direct charge of one or more employees
(subsection (3) of this section) applies even if other first-aid
trained person(s) are available. In emergencies, crew leaders
will be permitted to work up to thirty days without having the
required certificate, providing an employee in the crew or another
crew leaders in the immediate work area has the necessary certificate.
(1) The first-aid kits and supplies requirements of the safety
and health core rules, chapter
296-800 WAC, apply within the scope of chapter
296-155 WAC.
(2) All vehicles used to transport work crews must be equipped
with first-aid supplies.
(3) When practical, a poster must be fastened and maintained
either on or in the cover of each first-aid kit and at or near
all phones plainly stating the worksite address or location, and
the phone numbers of emergency medical responders for the worksite.
(4) Requirements of WAC
296-800-15030, Make sure emergency washing facilities are
functional and readily accessible, apply within the scope of chapter
296-155 WAC.
Employers with fifty or more employees per shift at one location
must establish a first-aid station in accordance with the requirements
in chapter 296-800
WAC.
(a) An adequate supply of potable water shall be provided in
all places of employment.
(b) Portable containers used to dispense drinking water shall
be capable of being tightly closed and equipped with a tap.
Water shall not be dipped from containers.
(c) Any container used to distribute drinking water shall be
clearly marked as to the nature of its contents and not used
for any other purpose.
(d) The common drinking cup is prohibited.
(e) Where single service cups (to be used but once) are supplied,
both a sanitary container for the unused cups and a receptacle
for disposing of the used cups shall be provided.
(f) All water containers used to furnish drinking water shall
be thoroughly cleaned at least once each week or more often
as conditions require.
(g) The requirements of this subsection do not apply to mobile
crews or to normally unattended work locations as long as employees
working at these locations have transportation immediately available,
within the normal course of their duties, to nearby facilities
otherwise meeting the requirements of this section.
(h) The following definitions apply:
(i) Mobile crew: A work crew that routinely moves
to a different work location periodically. Normally a mobile
crew is not at the same location all day.
(ii) Normally unattended work location: An unattended
site that is visited occasionally by one or more employees.
(iii) Nearby facility: A sanitary facility that is
within three minutes travel by the transportation provided.
(iv) “Potable water” means water which
meets the quality standards for drinking purposes of state
or local authority having jurisdiction or water that meets
the quality standards prescribed by the United States Environmental
Protection Agency's National Interim Primary Drinking Water
Regulations, published in 40 CFR Part 141, and 40 CFR 147.2400.
(2) Wash water.
(a) Clean, tepid wash water, between 70 and 100 degrees Fahrenheit,
shall be provided at all construction sites.
(b) Individual hand towels shall be provided. Both a sanitary
container for the unused towels and a receptacle for disposal
of used towels shall be provided.
(c) Hand soap, industrial hand cleaner or similar cleansing
agents shall be provided. Cleansing agents shall be adequate
to remove any paints, coatings, herbicides, insecticides or
other contaminants.
(d) The requirements of this subsection do not apply to mobile
crews or to normally unattended work locations as long as employees
working at these locations have transportation immediately available,
within the normal course of their duties, to nearby facilities
otherwise meeting the requirements of this section.
(e) Gasoline or solvents shall not be used for personal cleaning.
(f) Wash water areas will be maintained in a dry condition.
Slipping or other hazards shall be eliminated from the wash
water area before it is acceptable for use.
(3) Nonpotable water.
(a) Outlets for nonpotable water, such as water for industrial
or fire fighting purposes only, shall be identified by signs
meeting the requirements of Part E of this chapter, to indicate
clearly that the water is unsafe and is not to be used for drinking,
washing or cooking purposes.
(b) There shall be no cross-connection, open or potential,
between a system furnishing potable water, a system furnishing
nonpotable water or a system furnishing wash water.
(4) Toilets.
(a) The provisions of this section apply to both portable chemical
toilets and to flush toilets, except where flush toilets are
used the requirements of WAC
296-800-230 shall apply instead of (b) of this subsection.
(b) Accessible toilets shall be provided for employees according
to the following table:
TABLE B-1
Number
of Employees
Toilets
Required
1-10
1
1-25
2
26-40
3
41-60
4
61-80
5
Over 80
one additional
toilet for each additional twenty employees or any fraction
thereof.
(c) When the employer provides both flush and portable chemical
toilets, the number of employees allowed to be served by the
flush toilets, per WAC
296-800-230 will be calculated. That number will be subtracted
from the total number of employees and the employer will be
required to provide an adequate number of portable chemical
toilets for the number of remaining employees, as required by
(b) of this subsection.
(d) Toilets shall be maintained in clean, sanitary and functional
condition. Internal latches shall be provided to secure the
units from inadvertent entry. Where there are twenty or more
employees consisting of both sexes, facilities shall be provided
for each sex.
(i) Each unit shall be properly cleaned on a routine basis.
(ii) Chemicals, toilet tissue and sanitary seat covers shall
be maintained in a supply sufficient for use during the entire
shift.
(iii) Any defective or inadequate unit shall be immediately
removed from service.
(e) Specifications. The following specifications apply:
(i) A noncaustic chemical toilet (portable chemical toilet
is) a self-contained unit equipped with a waste receiving
chemical holding container.
(ii) Portable chemical toilets consisting of only a holding
tank, commonly referred to as “elevator units”
or “elevator toilets” are not acceptable. “Elevator
units” may be used if they are individually located
in a lockable room which affords privacy. When this type unit
is used in a private individual lockable room the entire room
will be considered a toilet facility, as such the room will
meet all requirements of toilet facilities and be inspected
in accordance with subsection (5)(b)(iii) of this section.
(iii) Rooms, buildings or shelters housing toilets shall
be of sound construction, easy to clean, provide shelter and
provide privacy. The toilet rooms shall be ventilated to the
outside and adequately lighted. All openings into the toilet
room shall be covered with 16-mesh screen.
(iv) Toilets shall be serviced on a regular schedule. Servicing
shall include the use of a disinfectant for cleaning urinals
and seats, removing waste from containers, recharging containers
with an odor controlling chemical and installing an adequate
supply of toilet tissue and seat covers.
(v) Service shall be performed in accordance with local codes
by approved servicing organizations. Waste shall be disposed
of or discharged in accordance with requirements of local
health department regulations.
(vi) Waste containers shall be fabricated from impervious
materials, e.g. plastic, steel, fiberglass or their equivalent.
Containers shall be water tight and capable of containing
the chemical waste in a sanitary manner. The container shall
be fitted to the building in a manner so as to prevent insects
from entering from the exterior of the building. Containers
shall be adequate in size to be used by the number of persons,
according to the schedule for minimum requirements, without
filling the container to more than half of its volume before
regularly scheduled servicing.
(vii) Removal of waste shall be handled in a clean and sanitary
manner by means of a vacuum hose and received by a leak-proof
tank truck. All valves on the tank shall be leak-proof.
(viii) Provisions shall be made so service trucks have a
clear approach and convenient access to the toilets to be
serviced.
(ix) Disposal of waste from tank trucks shall be in accordance
with local health department requirements. In the absence
of provisions by local health departments, waste must be disposed
of through municipal or district sanitary sewage systems.
Municipal or area sanitary sewage districts shall provide
sewage disposal locations and facilities which are adequate
and convenient for duly authorized toilet service organizations.
(f) The requirements of this subsection do not apply to mobile
crews or to normally unattended work locations as long as employees
working at these locations have transportation immediately available,
within the normal course of their duties, to nearby facilities
otherwise meeting the requirements of this section.
(5)(a) On multi-employer worksites, the prime contractor shall
ensure that the requirements of this section are met. Each employer
is responsible for seeing that facilities for their own employees
are provided.
(b) Each employer shall ensure, at the beginning of each shift,
that the sanitation facilities required by this section are
inspected. If any facility or unit fails to meet the following
requirements, immediate corrective action shall be taken. Such
action shall be documented and maintained at the site for at
least 72 hours. Inspection shall establish:
(i) Potable water: Sufficient supply of water, sufficient
supply of cups, container integrity, cleanliness of unit and
area, capacity of trash receptacle (empty).
(ii) Wash water: Sufficient supply of clean water, proper
temperature, sufficient supply of towels, sufficient supply
of cleansing agents, container integrity, cleanliness of unit
and area without the presence of physical hazards, capacity
of trash receptacle (empty).
(iii) Toilets: Sufficient supply of toilet tissue and sanitary
seat covers, capacity and condition of chemical agent, capacity
and condition of holding tank, cleanliness of unit and area
without the presence of physical hazards, physical and structural
condition of unit, condition of lock, condition of toilet
seat and tissue holder, absence of all foreign debris.
(c) The location of the facilities required by subsections
(1), (2) and (4) of this section shall be as close as practical
to the highest concentration of employees.
(i) On multistory structures they shall be furnished on every
third floor.
(ii) At all sites they shall be located within 200 feet horizontally
of all employees.
(iii) The requirements of subsection (5)(c)(i) and (ii) do
not apply to mobile crews or to normally unattended work locations
as long as employees working at these locations have transportation
immediately available, within the normal course of their duties,
to nearby facilities otherwise meeting the requirements of
this section.
(6) Food handling. All employees' food service facilities and
operations shall meet the applicable laws, ordinances and regulations
of the jurisdictions in which they are located.
(7) Temporary sleeping quarters. When temporary sleeping quarters
are provided, they shall be heated, ventilated and lighted.
(1) In construction and related activities involving the use
of sources of ionizing radiation, the pertinent provisions of
the Nuclear Regulatory Commission's Standards for Protection Against
Radiation, relating to protection against occupational radiation
exposure, shall apply.
(2) Any activity which involves the use of radioactive material
or x-ray, whether or not under license from the Nuclear Regulatory
Commission, shall be performed by competent persons specially
trained in the proper and safe operation of such equipment. In
the case of materials used under commission license, only persons
actually licensed, or competent persons under direction and supervision
of the licensee shall perform such work.
(1) Only qualified and trained employees shall be assigned to
install, adjust, and operate laser equipment.
(2) Proof of qualification of the laser equipment operator shall
be available and in possession of operator at all times.
(3) Employees, when working in areas in which a potentially hazardous
exposure (see WAC
296-62-09005(4)) to direct or reflected laser radiation exists,
shall be provided with antilaser eye protection devices specified
in Part C of this chapter.
(4) Areas in which Class II and III lasers are used shall be
posted with standard laser warning placards.
(5) Beam shutters or caps shall be utilized, or the laser turned
off, when laser transmission is not actually required. When the
laser is left unattended for a substantial period of time, such
as during lunch hour, overnight, or at change of shifts, the laser
shall be turned off.
(6) Only mechanical or electronic means shall be used as a detector
for guiding the internal alignment of the laser.
(7) The laser beam shall not be directed at employees.
(8) When it is raining or snowing, or when there is dust or fog
in the air, and it is impracticable to cease laser system operation,
employees shall be kept out of range of the area of source and
target during such weather conditions.
(9) Laser equipment shall bear a conspicuously displayed label
to indicate hazard classification. This label shall be prepared
in accordance with 21 CFR 1040.10.
(10) Only Class I, II, or III laser equipment shall be used.
Class IV laser equipment shall not be used.
(11) Laser unit in operation shall be set up above the heads
of the employees, when possible.
(12) Employees shall not be exposed to radio frequency/microwave
radiation in excess of the permissible exposure limits specified
in WAC
296-62-09005.
(1) Exposure of employees to inhalation, ingestion, skin absorption,
or contact with any material or substance at a concentration above
those specified in chapter 296-841
WAC shall be avoided.
(2) To achieve compliance with subsection (1) of this section,
administrative or engineering controls must first be implemented
whenever feasible. When such controls are not feasible to achieve
full compliance, protective equipment or other protective measures
shall be used to keep the exposure of employees to air contaminants
within the limits prescribed in chapter
296-841 WAC. Any equipment and technical measures used for
this purpose must first be approved for each particular use by
a competent industrial hygienist or other technically qualified
person. Whenever respirators are used, their use shall comply
with WAC
296-155-220.
(3) Whenever internal combustion equipment exhausts in enclosed
spaces, tests shall be made and recorded to ensure that employees
are not exposed to unsafe concentrations of toxic gases or oxygen
deficient atmospheres. See chapter
296-62 WAC, the general occupational health standards and
chapter
296-841 WAC, Identifying and controlling respiratory hazards.
(4) Whenever any employee is exposed to asbestos, the provisions
of the general occupational health standards, chapter
296-62 WAC shall apply.
(5) Subsections (1) and (2) of this section do not apply to the
exposure of employees to formaldehyde. Whenever any employee is
exposed to formaldehyde, the requirements of chapter
296-856 WAC shall apply.
(1) General. Whenever hazardous substances such as dusts, fumes,
mists, vapors, or gases exist or are produced in the course of
construction work, their concentrations shall not exceed the limits
specified in WAC
296-155-160(1). When ventilation is used as an engineering
control method, the system shall be installed and operated according
to the requirements of this section.
(2) Local exhaust ventilation. Local exhaust ventilation when
used as described in (1) shall be designed to prevent dispersion
into the air of dusts, fumes, mists, vapors, and gases in concentrations
causing harmful exposure. Such exhaust systems shall be so designed
that dusts, fumes, mists, vapors, or gases are not drawn through
the work area of employees.
(3) Design and operation. Exhaust fans, jets, ducts, hoods, separators,
and all necessary appurtenances, including refuse receptacles,
shall be so designed, constructed, maintained and operated as
to ensure the required protection by maintaining a volume and
velocity of exhaust air sufficient to gather dusts, fumes, vapors,
or gases from said equipment or process, and to convey them to
suitable points of safe disposal, thereby preventing their dispersion
in harmful quantities into the atmosphere where employees work.
(4) Duration of operations.
(a) The exhaust system shall be in operation continually during
all operations which it is designed to serve. If the employee
remains in the contaminated zone, the system shall continue
to operate after the cessation of said operations, the length
of time to depend upon the individual circumstances and effectiveness
of the general ventilation system.
(b) Since dust capable of causing disability is, according
to the best medical opinion, of microscopic size, tending to
remain for hours in suspension in still air, it is essential
that the exhaust system be continued in operation for a time
after the work process or equipment served by the same shall
have ceased, in order to ensure the removal of the harmful elements
to the required extent.
Note: For the same reason, employees wearing
respiratory equipment should not remove same immediately until
a clear atmosphere has been established.
(5) Disposal of exhaust materials. The air outlet from every
dust separator, and the dusts, fumes, mists, vapors, or gases
collected by an exhaust or ventilating system shall discharge
to the outside atmosphere. Collecting systems which return air
to work area may be used if concentrations which accumulate in
the work area air do not result in harmful exposure to employees.
Dust and refuse discharged from an exhaust system shall be disposed
of in such a manner that it will not result in harmful exposure
to employees.
(1) This section applies to all construction work as defined
in WAC
296-155-005, in which there is exposure to MDA, including
but not limited to the following:
(a) Construction, alteration, repair, maintenance, or renovation
of structures, substrates, or portions thereof, that contain
MDA;
(b) Installation or the finishing of surfaces with products
containing MDA;
(c) MDA spill/emergency cleanup at construction sites; and
(d) Transportation, disposal, storage, or containment of MDA
or products containing MDA on the site or location at which
construction activities are performed.
(2) Except as provided in subsection (7) of this section and
WAC
296-155-17311(5), this standard does not apply to the processing,
use, and handling of products containing MDA where initial monitoring
indicates that the product is not capable of releasing MDA in
excess of the action level under the expected conditions of processing,
use, and handling which will cause the greatest possible release;
and where no “dermal exposure to MDA” can occur.
(3) Except as provided in subsection (7) of this section, this
standard does not apply to the processing, use, and handling of
products containing MDA where objective data are reasonably relied
upon which demonstrate the product is not capable of releasing
MDA under the expected conditions of processing, use, and handling
which will cause the greatest possible release; and where no “dermal
exposure to MDA” can occur.
(4) Except as provided in subsection (7) of this section, this
standard does not apply to the storage, transportation, distribution,
or sale of MDA in intact containers sealed in such a manner as
to contain the MDA dusts, vapors, or liquids, except for the provisions
of WAC 296-62-054 and 296-155-17309.
(5) Except as provided in subsection (7) of this section, this
standard does not apply to materials in any form which contain
less than 0.1% MDA by weight or volume.
(6) Except as provided in subsection (7) of this section, this
standard does not apply to “finished articles containing
MDA.”
(7) Where products containing MDA are exempted under subsections
(2) and (6) of this section, the employer shall maintain records
of the initial monitoring results or objective data supporting
that exemption and the basis for the employer's reliance on the
data, as provided in the recordkeeping provision of WAC
296-155-17331.
For the purpose of this standard, the following definitions
shall apply:
(1) “Action level” means a concentration
of airborne MDA of 5 ppb as an 8-hour time-weighted average.
(2) “Authorized person” means any person
specifically authorized by the employer whose duties require the
person to enter a regulated area, or any person entering such
an area as a designated representative of employees for the purpose
of exercising the right to observe monitoring and measuring procedures
under WAC
296-155-17333, or any other person authorized by the act or
regulations issued under the act.
(3) “Container” means any barrel, bottle,
can, cylinder, drum, reaction vessel, storage tank, commercial
packaging, or the like, but does not include piping systems.
(4) “Decontamination area” means an area
outside of, but as near as practical to, the regulated area, consisting
of an equipment storage area, wash area, and clean change area,
which is used for the decontamination of workers, materials, and
equipment contaminated with MDA.
(5) “Dermal exposure to MDA” occurs where
employees are engaged in the handling, application, or use of
mixtures or materials containing MDA, with any of the following
nonairborne forms of MDA:
(a) Liquid, powdered, granular, or flaked mixtures containing
MDA in concentrations greater than 0.1% by weight or volume;
and
(b) Materials other than “finished articles” containing
MDA in concentrations greater than 0.1% by weight or volume.
(6) “Director” means the director of the
department of labor and industries.
(7) “Emergency” means any occurrence such
as, but not limited to, equipment failure, rupture of containers,
or failure of control equipment which results in an unexpected
and potentially hazardous release of MDA.
(8) “Employee exposure” means exposure to
MDA which would occur if the employee were not using respirators
or protective work clothing and equipment.
(9) “Finished article containing MDA” is
defined as a manufactured item:
(a) Which is formed to a specific shape or design during manufacture;
(b) Which has end use function(s) dependent in whole or part
upon its shape or design during end use; and
(c) Where applicable, is an item which is fully cured by virtue
of having been subjected to the conditions (temperature, time)
necessary to complete the desired chemical reaction.
(10) “Historical monitoring data” means monitoring
data for construction jobs that meet the following conditions:
(a) The data upon which judgments are based are scientifically
sound and were collected using methods that are sufficiently
accurate and precise;
(b) The processes and work practices that were in use when
the historical monitoring data were obtained are essentially
the same as those to be used during the job for which initial
monitoring will not be performed;
(c) The characteristics of the MDA-containing material being
handled when the historical monitoring data were obtained are
the same as those on the job for which initial monitoring will
not be performed;
(d) Environmental conditions prevailing when the historical
monitoring data were obtained are the same as those on the job
for which initial monitoring will not be performed; and
(e) Other data relevant to the operations, materials, processing,
or employee exposures covered by the exception are substantially
similar. The data must be scientifically sound, the characteristics
of the MDA containing material must be similar, and the environmental
conditions comparable.
(11) “4,4' methylenedianiline” or “MDA”
means the chemical 4,4'-diaminodiphenylmethane, Chemical Abstract
Service Registry Number 101-77-9, in the form of a vapor, liquid,
or solid. The definition also includes the salts of MDA.
(12) “Regulated areas” means areas where
airborne concentrations of MDA exceed or can reasonably be expected
to exceed, the permissible exposure limits, or where “dermal
exposure to MDA” can occur.
(13) “STEL” means short-term exposure limit
as determined by any 15-minute sample period.
The employer shall assure that no employee is exposed to an
airborne concentration of MDA in excess of ten parts per billion
(10 ppb) as an 8-hour time-weighted average and a STEL of one
hundred parts per billion (100 ppb).
On multi-employer worksites, an employer performing work involving
the application of MDA or materials containing MDA for which establishment
of one or more regulated areas is required shall inform other
employers on the site of the nature of the employer's work with
MDA and of the existence of, and requirements pertaining to, regulated
areas.
(a) A written plan for emergency situations shall be developed
for each construction operation where there is a possibility
of an emergency. The plan shall include procedures where the
employer identifies emergency escape routes for her or his employees
at each construction site before the construction operation
begins. Appropriate portions of the plan shall be implemented
in the event of an emergency.
(b) The plan shall specifically provide that employees engaged
in correcting emergency conditions shall be equipped with the
appropriate personal protective equipment and clothing as required
in WAC
296-155-17317 and 296-155-17319
until the emergency is abated.
(c) The plan shall specifically include provisions for alerting
and evacuating affected employees as well as the applicable
elements prescribed in WAC
296-24-567, “Employee emergency plans and fire prevention
plans.”
(2) Alerting employees. Where there is the possibility of employee
exposure to MDA due to an emergency, means shall be developed
to promptly alert employees who have the potential to be directly
exposed. Affected employees not engaged in correcting emergency
conditions shall be evacuated immediately in the event that an
emergency occurs. Means shall also be developed for alerting other
employees who may be exposed as a result of the emergency.
(a) Determinations of employee exposure shall be made from
breathing zone air samples that are representative of each employee's
exposure to airborne MDA over an 8-hour period. Determination
of employee exposure to the STEL shall be made from breathing
zone air samples collected over a 15 minute sampling period.
(b) Representative employee exposure shall be determined on
the basis of one or more samples representing full shift exposure
for each shift for each job classification in each work area
where exposure to MDA may occur.
(c) Where the employer can document that exposure levels are
equivalent for similar operations in different work shifts,
the employer shall only be required to determine representative
employee exposure for that operation during one shift.
(2) Initial monitoring. Each employer who has a workplace or
work operation covered by this standard shall perform initial
monitoring to determine accurately the airborne concentrations
of MDA to which employees may be exposed unless:
(a) The employer can demonstrate, on the basis of objective
data, that the MDA-containing product or material being handled
cannot cause exposures above the standard's action level, even
under worst-case release conditions; or
(b) The employer has historical monitoring or other data demonstrating
that exposures on a particular job will be below the action
level.
(3) Periodic monitoring and monitoring frequency.
(a) If the monitoring required by subsection (2)(b) of this
section reveals employee exposure at or above the action level,
but at or below the PELs, the employer shall repeat such monitoring
for each such employee at least every 6 months.
(b) If the monitoring required by subsection (2)(b) of this
section reveals employee exposure above the PELs, the employer
shall repeat such monitoring for each such employee at least
every 3 months.
(c) Employers who are conducting MDA operations within a regulated
area can forego periodic monitoring if the employees are all
wearing supplied-air respirators while working in the regulated
area.
(d) The employer may alter the monitoring schedule from every
three months to every six months for any employee for whom two
consecutive measurements taken at least 7 days apart indicate
that the employee exposure has decreased to below the PELs but
above the action level.
(4) Termination of monitoring.
(a) If the initial monitoring required by subsection (2)(b)
of this section reveals employee exposure to be below the action
level, the employer may discontinue the monitoring for that
employee, except as otherwise required by subsection (5) of
this section.
(b) If the periodic monitoring required by subsection (3) of
this section reveals that employee exposures, as indicated by
at least two consecutive measurements taken at least 7 days
apart, are below the action level the employer may discontinue
the monitoring for that employee, except as otherwise required
by subsection (5) of this section.
(5) Additional monitoring. The employer shall institute the exposure
monitoring required under subsections (2)(b) and (c) of this section
when there has been a change in production process, chemicals
present, control equipment, personnel, or work practices which
may result in new or additional exposures to MDA, or when the
employer has any reason to suspect a change which may result in
new or additional exposures.
(6) Accuracy of monitoring. Monitoring shall be accurate, to
a confidence level of 95 percent, to within plus or minus 25 percent
for airborne concentrations of MDA.
(7) Employee notification of monitoring results.
(a) The employer shall, as soon as possible but no later than
5 working days after the receipt of the results of any monitoring
performed under this standard, notify each employee of these
results, in writing, either individually or by posting of results
in an appropriate location that is accessible to affected employees.
(b) The written notification required by subdivision (a) of
this subsection shall contain the corrective action being taken
by the employer or any other protective measures which have
been implemented to reduce the employee exposure to or below
the PELs, wherever the PELs are exceeded.
(8) Visual monitoring. The employer shall make routine inspections
of employee hands, face, and forearms potentially exposed to MDA.
Other potential dermal exposures reported by the employee must
be referred to the appropriate medical personnel for observation.
If the employer determines that the employee has been exposed
to MDA the employer shall:
(a) Determine the source of exposure;
(b) Implement protective measures to correct the hazard; and
(c) Maintain records of the corrective actions in accordance
with WAC
296-155-17327.
(a) Airborne exposures. The employer shall establish regulated
areas where airborne concentrations of MDA exceed, or can reasonably
be expected to exceed, the permissible exposure limits.
(b) Dermal exposures. Where employees are subject to “dermal
exposure to MDA” the employer shall establish those work
areas as regulated areas.
(2) Demarcation. Regulated areas shall be demarcated from the
rest of the workplace in a manner that minimizes the number of
persons potentially exposed.
(3) Access. Access to regulated areas shall be limited to authorized
persons.
(4) Personal protective equipment and clothing. Each person entering
a regulated area shall be supplied with, and required to use,
the appropriate personal protective clothing and equipment in
accordance with WAC
296-155-17317 and 296-155-17319.
(5) Prohibited activities. The employer shall ensure that employees
do not eat, drink, smoke, chew tobacco or gum, or apply cosmetics
in regulated areas.
(1) Engineering controls and work practices and respirators.
(a) The employer shall use one or any combination of the following
control methods to achieve compliance with the permissible exposure
limits prescribed by WAC
296-155-17317.
(i) Local exhaust ventilation equipped with HEPA filter dust
collection systems;
(ii) General ventilation systems;
(iii) Use of work practices; or
(iv) Other engineering controls such as isolation and enclosure
that the director can show to be feasible.
(b) Wherever the feasible engineering controls and work practices
which can be instituted are not sufficient to reduce employee
exposure to or below the PELs, the employer shall use them to
reduce employee exposure to the lowest levels achievable by
these controls and shall supplement them by the use of respiratory
protective devices which comply with the requirements of WAC
296-155-17317.
(2) Special provisions. For workers engaged in spray application
methods, respiratory protection must be used in addition to feasible
engineering controls and work practices to reduce employee exposure
to or below the PELs.
(3) Prohibitions. Compressed air shall not be used to remove
MDA unless the compressed air is used in conjunction with an enclosed
ventilation system designed to capture the dust cloud created
by the compressed air.
(4) Employee rotation. The employer shall not use employee rotation
as a means of compliance with the exposure limits prescribed in
WAC
296-155-17305.
(5) Compliance program.
(a) The employer shall establish and implement a written program
to reduce employee exposure to or below the PELs by means of
engineering and work practice controls, as required by subsection
(1) of this section, and by use of respiratory protection where
permitted under this section.
(b) Upon request this written program shall be furnished for
examination and copying to the director, affected employees,
and designated employee representatives. The employer shall
review and, as necessary, update such plans at least once every
12 months to make certain they reflect the current status of
the program.
(1) General. For employees who use respirators required by this
section, the employer must provide each employee with an appropriate
respirator that complies with the requirements of this section.
Respirators must be used during:
(a) Periods necessary to install or implement feasible engineering
and work-practice controls.
(b) Work operations, such as maintenance and repair activities
and spray application processes, for which engineering and work-practice
controls are not feasible.
(c) Work operations for which feasible engineering and work-practice
controls are not yet sufficient to reduce employee exposure
to or below the PELs.
(d) Emergencies.
(2) Respirator program. The employer must develop, implement
a respiratory protection program as required by chapter
296-842 WAC, Respirators, which covers each employee required
by this chapter to use a respirator.
(3) Respirator selection.
(a) The employer must select and provide to employees appropriate
respirators as specified in this section and WAC 296-842-13005
in the respirator rule.
(b) An employee who can't use a negative-pressure respirator
must be given the option of using a positive-pressure respirator,
or a supplied-air respirator operated in the continuous-flow
or pressure-demand mode.
(c) Provide HEPA filters or N-, R-, or P-100 filters for powered
air-purifying respirators (PAPRs) and negative-pressure air-purifying
respirators.
(d) Provide to employees, for escape, one of the following
respirator options:
(i) Any self-contained breathing apparatus with a full-facepiece
or hood, operated in the positive-pressure or continuous-flow
mode.
(1) Provision and use. Where employees are subject to dermal
exposure to MDA, where liquids containing MDA can be splashed
into the eyes, or where airborne concentrations of MDA are in
excess of the PEL, the employer shall provide, at no cost to the
employee, and ensure that the employee uses, appropriate protective
work clothing and equipment which prevent contact with MDA such
as, but not limited to:
(a) Aprons, coveralls, or other full-body work clothing;
(b) Gloves, head coverings, and foot coverings; and
(c) Face shields, chemical goggles; or
(d) Other appropriate protective equipment which comply with
WAC 296-24-078.
(2) Removal and storage.
(a) The employer shall ensure that, at the end of their work
shift, employees remove MDA-contaminated protective work clothing
and equipment that is not routinely removed throughout the day
in change areas provided in accordance with the provisions in
WAC
296-155-17321.
(b) The employer shall ensure that, during their work shift,
employees remove all other MDA-contaminated protective work
clothing or equipment before leaving a regulated area.
(c) The employer shall ensure that no employee takes MDA-contaminated
work clothing or equipment out of the decontamination areas,
except those employees authorized to do so for the purpose of
laundering, maintenance, or disposal.
(d) MDA-contaminated work clothing or equipment shall be placed
and stored and transported in sealed, impermeable bags, or other
closed impermeable containers.
(e) Containers of MDA-contaminated protective work clothing
or equipment which are to be taken out of decontamination areas
or the workplace for cleaning, maintenance, or disposal, shall
bear labels warning of the hazards of MDA.
(3) Cleaning and replacement.
(a) The employer shall provide the employee with clean protective
clothing and equipment. The employer shall ensure that protective
work clothing or equipment required by this section is cleaned,
laundered, repaired, or replaced at intervals appropriate to
maintain its effectiveness.
(b) The employer shall prohibit the removal of MDA from protective
work clothing or equipment by blowing, shaking, or any methods
which allow MDA to reenter the workplace.
(c) The employer shall ensure that laundering of MDA-contaminated
clothing shall be done so as to prevent the release of MDA in
the workplace.
(d) Any employer who gives MDA-contaminated clothing to another
person for laundering shall inform such person of the requirement
to prevent the release of MDA.
(e) The employer shall inform any person who launders or cleans
protective clothing or equipment contaminated with MDA of the
potentially harmful effects of exposure.
(4) Visual examination.
(a) The employer shall ensure that employees' work clothing
is examined periodically for rips or tears that may occur during
performance of work.
(b) When rips or tears are detected, the protective equipment
or clothing shall be repaired and replaced immediately.
(a) The employer shall provide decontamination areas for employees
required to work in regulated areas or required by WAC
296-155-17319 to wear protective clothing. Exception: In
lieu of the decontamination area requirement specified in this
subsection, the employer may permit employees engaged in small
scale, short duration operations, to clean their protective
clothing or dispose of the protective clothing before such employees
leave the area where the work was performed.
(b) Change areas. The employer shall ensure that change areas
are equipped with separate storage facilities for protective
clothing and street clothing, in accordance with WAC 296-24-12011.
(c) Equipment area. The equipment area shall be supplied with
impermeable, labeled bags and containers for the containment
and disposal of contaminated protective clothing and equipment.
(2) Shower area.
(a) Where feasible, shower facilities shall be provided which
comply with WAC 296-24-12010 wherever the possibility of employee
exposure to airborne levels of MDA in excess of the permissible
exposure limit exists.
(b) Where dermal exposure to MDA occurs, the employer shall
ensure that materials spilled or deposited on the skin are removed
as soon as possible by methods which do not facilitate the dermal
absorption of MDA.
(3) Lunch areas.
(a) Whenever food or beverages are consumed at the worksite
and employees are exposed to MDA the employer shall provide
clean lunch areas were MDA levels are below the action level
and where no dermal exposure to MDA can occur.
(b) The employer shall ensure that employees wash their hands
and faces with soap and water prior to eating, drinking, smoking,
or applying cosmetics.
(c) The employer shall ensure that employees do not enter lunch
facilities with contaminated protective work clothing or equipment.
(a) The employer shall post and maintain legible signs demarcating
regulated areas and entrances or accessways to regulated areas
that bear the following legend:
Danger
MDA
May
Cause Cancer Liver Toxin
Authorized
Personnel Only
Respirators
And Protective Clothing
May
be Required To Be Worn In This Area
(b) The employer shall ensure that labels or other appropriate
forms of warning are provided for containers of MDA within the
workplace. The labels shall comply with the requirements of
WAC 296-800-170
and shall include one of the following legends:
(i) For pure MDA
Danger
Contains
MDA
May
Cause Cancer Liver Toxin
(ii) For mixtures containing MDA
Danger
Contains
MDA
Contains
Materials Which May Cause Cancer Liver Toxin
(2) Material safety data sheets (MSDS). Employers shall obtain
or develop, and shall provide access to their employees to, a
material safety data sheet (MSDS) for MDA.
(3) Information and training.
(a) The employer shall provide employees with information and
training on MDA, in accordance with
WAC 296-800-170, at the time of initial assignment and at
least annually thereafter.
(b) In addition to the information required under WAC
296-800-170, the employer shall:
(i) Provide an explanation of the contents of this section,
including Appendices A and B of this section, and indicate
to employees where a copy of the standard is available;
(ii) Describe the medical surveillance program required under
WAC
296-155-17327, and explain the information contained in
Appendix C of this standard; and
(iii) Describe the medical removal provision required under
WAC
296-155-17327.
(4) Access to training materials.
(a) The employer shall make readily available to all affected
employees, without cost, all written materials relating to the
employee training program, including a copy of this regulation.
(b) The employer shall provide to the director, upon request,
all information and training materials relating to the employee
information and training program.
(1) All surfaces shall be maintained as free as practicable of
visible accumulations of MDA.
(2) The employer shall institute a program for detecting MDA
leaks, spills, and discharges, including regular visual inspections
of operations involving liquid or solid MDA.
(3) All leaks shall be repaired and liquid or dust spills cleaned
up promptly.
(4) Surfaces contaminated with MDA may not be cleaned by the
use of compressed air.
(5) Shoveling, dry sweeping, and other methods of dry clean-up
of MDA may be used where HEPA-filtered vacuuming and/or wet cleaning
are not feasible or practical.
(6) Waste, scrap, debris, bags, containers, equipment, and clothing
contaminated with MDA shall be collected and disposed of in a
manner to prevent the reentry of MDA into the workplace.
(a) The employer shall make available a medical surveillance
program for employees exposed to MDA under the following circumstances:
(i) Employees exposed at or above the action level for 30
or more days per year;
(ii) Employees who are subject to dermal exposure to MDA
for 15 or more days per year;
(iii) Employees who have been exposed in an emergency situation;
(iv) Employees whom the employer, based on results from compliance
with WAC
296-155-17311(8) has reason to believe are being dermally
exposed; and
(v) Employees who show signs or symptoms of MDA exposure.
(b) The employer shall ensure that all medical examinations
and procedures are performed by or under the supervision of
a licensed physician at a reasonable time and place, and provided
without cost to the employee.
(2) Initial examinations.
(a) Within 150 days of the effective date of this standard,
or before the time of initial assignment, the employer shall
provide each employee covered by subsection (1)(a) of this section
with a medical examination including the following elements:
A detailed history which includes:
(i) Past work exposure to MDA or any other toxic substances;
(ii) A history of drugs, alcohol, tobacco, and medication
routinely taken (duration and quantity); and
(iii) A history of dermatitis, chemical skin sensitization,
or previous hepatic disease.
(iv) A physical examination which includes all routine physical
examination parameters, skin examination, and examination
for signs of liver disease.
(v) Laboratory tests including:
(A) Liver function tests; and
(B) Urinalysis.
(vi) Additional tests as necessary in the opinion of the
physician.
(b) No initial medical examination is required if adequate
records show that the employee has been examined in accordance
with the requirements of this section within the previous six
months prior to the effective date of this standard or prior
to the date of initial assignment.
(3) Periodic examinations.
(a) The employer shall provide each employee covered by this
section with a medical examination at least annually following
the initial examination. These periodic examinations shall include
at least the following elements:
(i) A brief history regarding any new exposure to potential
liver toxins, changes in drug, tobacco, and alcohol intake,
and the appearance of physical signs relating to the liver
and the skin;
(ii) The appropriate tests and examinations including liver
function tests and skin examinations; and
(iii) Appropriate additional tests or examinations as deemed
necessary by the physician.
(b) If in the physician's opinion the results of liver function
tests indicate an abnormality, the employee shall be removed
from further MDA exposure in accordance with WAC
296-155-17329. Repeat liver function tests shall be conducted
on advice of the physician.
(4) Emergency examinations. If the employer determines that the
employee has been exposed to a potentially hazardous amount of
MDA in an emergency situation under WAC
296-155-17309, the employer shall provide medical examinations
in accordance with subsection (3)(a) and (b). If the results of
liver function testing indicate an abnormality, the employee shall
be removed in accordance with WAC
296-155-17329. Repeat liver function tests shall be conducted
on the advice of the physician. If the results of the tests are
normal, tests must be repeated two to three weeks from the initial
testing. If the results of the second set of tests are normal
and on the advice of the physician, no additional testing is required.
(5) Additional examinations. Where the employee develops signs
and symptoms associated with exposure to MDA, the employer shall
provide the employee with an additional medical examination including
liver function tests. Repeat liver function tests shall be conducted
on the advice of the physician. If the results of the tests are
normal, tests must be repeated two to three weeks from the initial
testing. If the results of the second set of tests are normal
and on the advice of the physician, no additional testing is required.
(6) Multiple physician review mechanism.
(a) If the employer selects the initial physician who conducts
any medical examination or consultation provided to an employee
under this section, and the employee has signs or symptoms of
occupational exposure to MDA (which could include an abnormal
liver function test), and the employee disagrees with the opinion
of the examining physician, and this opinion could affect the
employee's job status, the employee may designate an appropriate
and mutually acceptable second physician:
(i) To review any findings, determinations, or recommendations
of the initial physician; and
(ii) To conduct such examinations, consultations, and laboratory
tests as the second physician deems necessary to facilitate
this review.
(b) The employer shall promptly notify an employee of the right
to seek a second medical opinion after each occasion that an
initial physician conducts a medical examination or consultation
pursuant to this section. The employer may condition its participation
in, and payment for, the multiple physician review mechanism
upon the employee doing the following within 15 days after receipt
of the foregoing notification, or receipt of the initial physician's
written opinion, whichever is later:
(i) The employee informing the employer that he or she intends
to seek a second medical opinion; and
(ii) The employee initiating steps to make an appointment
with a second physician.
(c) If the findings, determinations, or recommendations of
the second physician differ from those of the initial physician,
then the employer and the employee shall assure that efforts
are made for the two physicians to resolve any disagreement.
(d) If the two physicians have been unable to quickly resolve
their disagreement, then the employer and the employee through
their respective physicians shall designate a third physician:
(i) To review any findings, determinations, or recommendations
of the prior physicians; and
(ii) To conduct such examinations, consultations, laboratory
tests, and discussions with the prior physicians as the third
physician deems necessary to resolve the disagreement of the
prior physicians.
(e) The employer shall act consistent with the findings, determinations,
and recommendations of the second physician, unless the employer
and the employee reach a mutually acceptable agreement.
(f) Information provided to the examining physician.
(i) The employer shall provide the following information
to the examining physician:
(A) A copy of this regulation and its appendices;
(B) A description of the affected employee's duties as
they relate to the employee's potential exposure to MDA;
(C) The employee's current actual or representative MDA
exposure level;
(D) A description of any personal protective equipment
used or to be used; and
(E) Information from previous employment related medical
examinations of the affected employee.
(ii) The employer shall provide the foregoing information
to a second physician under this section upon request either
by the second physician, or by the employee.
(g) Physician's written opinion.
(i) For each examination under this section, the employer
shall obtain, and provide the employee with a copy of, the
examining physician's written opinion within 15 days of its
receipt. The written opinion shall include the following:
(A) The occupationally pertinent results of the medical
examination and tests;
(B) The physician's opinion concerning whether the employee
has any detected medical conditions which would place the
employee at increased risk of material impairment of health
from exposure to MDA;
(C) The physician's recommended limitations upon the employee's
exposure to MDA or upon the employee's use of protective
clothing or equipment and respirators; and
(D) A statement that the employee has been informed by
the physician of the results of the medical examination
and any medical conditions resulting from MDA exposure which
require further explanation or treatment.
(ii) The written opinion obtained by the employer shall not
reveal specific findings or diagnoses unrelated to occupational
exposures.
(a) Temporary removal resulting from occupational exposure.
The employee shall be removed from work environments in which
exposure to MDA is at or above the action level or where dermal
exposure to MDA may occur, following an initial examination
(WAC
296-155-17327(2)), periodic examinations (WAC 296-155-17327(3)),
an emergency situation (WAC
296-155-17327(4)), or an additional examination (WAC
296-155-17327(5)) in the following circumstances:
(i) When the employee exhibits signs and/or symptoms indicative
of acute exposure to MDA; or
(ii) When the examining physician determines that an employee's
abnormal liver function tests are not associated with MDA
exposure but that the abnormalities may be exacerbated as
a result of occupational exposure to MDA.
(b) Temporary removal due to a final medical determination.
(i) The employer shall remove an employee from work having
an exposure to MDA at or above the action level or where the
potential for dermal exposure exists on each occasion that
a final medical determination results in a medical finding,
determination, or opinion that the employee has a detected
medical condition which places the employee at increased risk
of material impairment to health from exposure to MDA.
(ii) For the purposes of this section, the phrase “final
medical determination” shall mean the outcome of the
physician review mechanism used pursuant to the medical surveillance
provisions of this section.
(iii) Where a final medical determination results in any
recommended special protective measures for an employee, or
limitations on an employee's exposure to MDA, the employer
shall implement and act consistent with the recommendation.
(2) Return of the employee to former job status.
(a) The employer shall return an employee to her or his former
job status:
(i) When the employee no longer shows signs or symptoms of
exposure to MDA, or upon the advice of the physician.
(ii) When a subsequent final medical determination results
in a medical finding, determination, or opinion that the employee
no longer has a detected medical condition which places the
employee at increased risk of material impairment to health
from exposure to MDA.
(b) For the purposes of this section, the requirement that
an employer return an employee to his or her former job status
is not intended to expand upon or restrict any rights an employee
has or would have had, absent temporary medical removal, to
a specific job classification or position under the terms of
a collective bargaining agreement.
(3) Removal of other employee special protective measure or limitations.
The employer shall remove any limitations placed on an employee
or end any special protective measures provided to an employee
pursuant to a final medical determination when a subsequent final
medical determination indicates that the limitations or special
protective measures are no longer necessary.
(4) Employer options pending a final medical determination. Where
the physician review mechanism used pursuant to the medical surveillance
provisions of this section has not yet resulted in a final medical
determination with respect to an employee, the employer shall
act as follows:
(a) Removal. The employer may remove the employee from exposure
to MDA, provide special protective measures to the employee,
or place limitations upon the employee, consistent with the
medical findings, determinations, or recommendations of the
physician who has reviewed the employee's health status.
(b) Return. The employer may return the employee to her or
his former job status, and end any special protective measures
provided to the employee, consistent with the medical findings,
determinations, or recommendations of any of the physicians
who have reviewed the employee's health status, with two exceptions:
(i) If the initial removal, special protection, or limitation
of the employee resulted from a final medical determination
which differed from the findings, determinations, or recommendations
of the initial physician; or
(ii) The employee has been on removal status for the preceding
six months as a result of exposure to MDA, then the employer
shall await a final medical determination.
(5) Medical removal protection benefits.
(a) Provisions of medical removal protection benefits. The
employer shall provide to an employee up to six months of medical
removal protection benefits on each occasion that an employee
is removed from exposure to MDA or otherwise limited pursuant
to this section.
(b) Definition of medical removal protection benefits. For
the purposes of this section, the requirement that an employer
provide medical removal protection benefits means that the employer
shall maintain the earnings, seniority, and other employment
rights and benefits of an employee as though the employee had
not been removed from normal exposure to MDA or otherwise limited.
(c) Follow-up medical surveillance during the period of employee
removal or limitations. During the period of time that an
employee is removed from normal exposure to MDA or otherwise
limited, the employer may condition the provision of medical
removal protection benefits upon the employee's participation
in follow-up medical surveillance made available pursuant
to this section.
(d) Workers' compensation claims. If a removed employee files
a claim for workers' compensation payments for an MDA-related
disability, then the employer shall continue to provide medical
removal protection benefits pending disposition of the claim.
To the extent that an award is made to the employee for earnings
lost during the period of removal, the employer's medical
removal protection obligation shall be reduced by such amount.
The employer shall receive no credit for workers' compensation
payments received by the employee for treatment-related expenses.
(e) Other credits. The employer's obligation to provide medical
removal protection benefits to a removed employee shall be
reduced to the extent that the employee receives compensation
for earnings lost during the period of removal either from
a publicly or employer-funded compensation program, or receives
income from employment with any employer made possible by
virtue of the employee's removal.
(f) Employees who do not recover within the 6 months of removal.
The employer shall take the following measures with respect
to any employee removed from exposure to MDA:
(i) The employer shall make available to the employee a
medical examination pursuant to this section to obtain a
final medical determination with respect to the employee;
(ii) The employer shall assure that the final medical determination
obtained indicates whether or not the employee may be returned
to her or his former job status, and, if not, what steps
should be taken to protect the employee's health;
(iii) Where the final medical determination has not yet
been obtained, or once obtained indicates that the employee
may not yet be returned to her or his former job status,
the employer shall continue to provide medical removal protection
benefits to the employee until either the employee is returned
to former job status, or a final medical determination is
made that the employee is incapable of ever safely returning
to her or his former job status; and
(iv) Where the employer acts pursuant to a final medical
determination which permits the return of the employee to
her or his former job status despite what would otherwise
be an unacceptable liver function test, later questions
concerning removing the employee again shall be decided
by a final medical determination. The employer need not
automatically remove such an employee pursuant to the MDA
removal criteria provided by this section.
(6) Voluntary removal or restriction of an employee. Where
an employer, although not required by this section to do so,
removes an employee from exposure to MDA or otherwise places
limitations on an employee due to the effects of MDA exposure
on the employee's medical condition, the employer shall provide
medical removal protection benefits to the employee equal to
that required by subsection (5) of this section.
(a) Where the employer has relied on objective data that
demonstrate that products made from or containing MDA are
not capable of releasing MDA or do not present a dermal exposure
problem under the expected conditions of processing, use,
or handling to exempt such operations from the initial monitoring
requirements under WAC
296-155-17311(2), the employer shall establish and maintain
an accurate record of objective data reasonably relied upon
in support of the exemption.
(b) The record shall include at least the following information:
(i) The product qualifying for exemption;
(ii) The source of the objective data;
(iii) The testing protocol, results of testing, and/or
analysis of the material for the release of MDA;
(iv) A description of the operation exempted and how the
data support the exemption; and
(v) Other data relevant to the operations, materials, processing,
or employee exposures covered by the exemption.
(c) The employer shall maintain this record for the duration
of the employer's reliance upon such objective data.
(2) Historical monitoring data.
(a) Where the employer has relied on historical monitoring
data that demonstrate that exposures on a particular job will
be below the action level to exempt such operations from the
initial monitoring requirements under WAC
296-155-17311(2), the employer shall establish and maintain
an accurate record of historical monitoring data reasonably
relied upon in support of the exception.
(b) The record shall include information that reflect the
following conditions:
(i) The data upon which judgments are based are scientifically
sound and were collected using methods that are sufficiently
accurate and precise;
(ii) The processes and work practices that were in use
when the historical monitoring data were obtained are essentially
the same as those to be used during the job for which initial
monitoring will not be performed;
(iii) The characteristics of the MDA-containing material
being handled when the historical monitoring data were obtained
are the same as those on the job for which initial monitoring
will not be performed;
(iv) Environmental conditions prevailing when the historical
monitoring data were obtained are the same as those on the
job for which initial monitoring will not be performed;
and
(v) Other data relevant to the operations, materials, processing,
or employee exposures covered by the exception.
(c) The employer shall maintain this record for the duration
of the employer's reliance upon such historical monitoring
data.
(3) The employer may utilize the services of competent organizations
such as industry trade associations and employee associations
to maintain the records required by this section.
(4) Exposure measurements.
(a) The employer shall keep an accurate record of all measurements
taken to monitor employee exposure to MDA.
(b) This record shall include at least the following information:
(i) The date of measurement;
(ii) The operation involving exposure to MDA;
(iii) Sampling and analytical methods used and evidence
of their accuracy;
(iv) Number, duration, and results of samples taken;
(v) Type of protective devices worn, if any; and
(vi) Name, Social Security number, and exposure of the
employees whose exposures are represented.
(c) The employer shall maintain this record for at least
thirty years in accordance with chapter
296-802 WAC.
(5) Medical surveillance.
(a) The employer shall establish and maintain an accurate
record for each employee subject to medical surveillance by
WAC
296-155-17327 in accordance with chapter
296-802 WAC.
(b) The record shall include at least the following information:
(i) The name and Social Security number of the employee;
(ii) A copy of the employee's medical examination results,
including the medical history, questionnaire responses,
results of any tests, and physician's recommendations;
(iii) Physician's written opinions;
(iv) Any employee medical complaints related to exposure
to MDA; and
(v) A copy of the information provided to the physician
as required by WAC
296-155-17327.
(c) The employer shall ensure that this record is maintained
for the duration of employment plus thirty years in accordance
with chapter
296-802 WAC.
(d) A copy of the employee's medical removal and return to
work status.
(6) Training records. The employer shall maintain all employee
training records for one year beyond the last date of employment.
(7) Availability.
(a) The employer, upon written request, shall make all records
required to be maintained by this section available to the
assistant secretary and the director for examination and copying.
(b) The employer, upon request, shall make any exposure records
required by WAC
296-155-17311 and 296-155-17327
available for examination and copying to affected employees,
former employees, designated representatives, and the director,
in accordance with chapter
296-802 WAC.
(c) The employer, upon request, shall make employee medical
records required by WAC
296-155-17327 and this section available for examination
and copying to the subject employee, anyone having the specific
written consent of the subject employee, and the director
in accordance with chapter
296-802 WAC.
(8) Transfer of records.
(a) The employer shall comply with the requirements concerning
transfer of records set forth in chapter
296-802 WAC.
(b) Whenever the employer ceases to do business and there
is no successor employer to receive and retain the records
for the prescribed period, the employer shall notify the director
at least 90 days prior to disposal and, upon request, transmit
them to the director.
(1) Employee observation. The employer shall provide affected
employees, or their designated representatives, an opportunity
to observe the measuring or monitoring of employee exposure
to MDA conducted pursuant to WAC
296-155-17311.
(2) Observation procedures. When observation of the measuring
or monitoring of employee exposure to MDA requires entry into
areas where the use of protective clothing and equipment or
respirators is required, the employer shall provide the observer
with personal protective clothing and equipment or respirators
required to be worn by employees working in the area, assure
the use of such clothing and equipment or respirators, and require
the observer to comply with all other applicable safety and
health procedures.
The information contained in Appendices A, B, C, and D of
this standard is not intended by itself, to create any additional
obligations not otherwise imposed by this standard nor detract
from any existing obligation.
Compliance with all obligations of this standard commence
March 3, 1993, except as follows:
(1) Initial monitoring under WAC
296-155-17311(2) shall be completed as soon as possible
but no later than June 3, 1993.
(2) Medical examinations under WAC
296-155-17327, shall be completed as soon as possible but
no later than August 14, 1993.
(3) Emergency plans required by WAC
296-155-17309 shall be provided and available for inspection
and copying as soon as possible but no later than July 13, 1993.
(4) Initial training and education shall be completed as soon
as possible but no later than July 13, 1993.
(5) Decontamination and lunch areas under WAC
296-155-17321 shall be in operation as soon as possible
but no later than March 3, 1993.
(6) Respiratory protection required by WAC
296-155-17317 shall be provided as soon as possible but
no later than July 13, 1993.
(7) Written compliance plans required by WAC
296-155-17315(5) shall be completed and available for inspection
and copying as soon as possible but no later than July 13, 1993.
(8) WISHA shall enforce the permissible exposure limits in
WAC
296-155-17305 no earlier than July 13, 1993.
(9) Engineering controls needed to achieve the PELs must be
in place March 3, 1993.
(10) Personal protective clothing required by WAC
296-155-17317 shall be available July 13, 1993.
WAC
296-155-17341 Appendix A to WAC 296-155-173--Substance data
sheet, for 4-4'-methylenedianiline.
(1) Substance identification.
(a) Substance: Methylenedianiline (MDA).
(b) Permissible exposure:
(i) Airborne: Ten parts per billion parts of air (10 ppb),
time-weighted average (TWA) for an 8-hour workday and an
action level of five parts per billion parts of air (5 ppb).
(ii) Dermal: Eye contact and skin contact with MDA are
not permitted.
(c) Appearance and odor: White to tan solid; amine odor.
(2) Health hazard data.
(a) Ways in which MDA affects your health. MDA can affect
your health if you inhale it or if it comes in contact with
your skin or eyes. MDA is also harmful if you happen to swallow
it. Do not get MDA in eyes, on skin, or on clothing.
(b) Effects of overexposure.
(i) Short-term (acute) overexposure: Overexposure to MDA
may produce fever, chills, loss of appetite, vomiting, jaundice.
Contact may irritate skin, eyes, and mucous membranes. Sensitization
may occur.
(ii) Long-term (chronic) exposure. Repeated or prolonged
exposure to MDA, even at relatively low concentrations,
may cause cancer. In addition, damage to the liver, kidneys,
blood, and spleen may occur with long-term exposure.
(iii) Reporting signs and symptoms: You should inform your
employer if you develop any signs or symptoms which you
suspect are caused by exposure to MDA including yellow staining
of the skin.
(3) Protective clothing and equipment.
(a) Respirators. Respirators are required for those operations
in which engineering controls or work practice controls are
not adequate or feasible to reduce exposure to the permissible
limit. If respirators are worn, they must be certified by
the National Institute for Occupational Safety and Health
(NIOSH) under 42 CFR part 84, and cartridges or canisters
must be replaced as necessary to maintain the effectiveness
of the respirator. If you experience difficulty breathing
while wearing a respirator, you may request a positive-pressure
respirator from your employer. You must be thoroughly trained
to use the assigned respirator, and the training will be provided
by your employer. MDA does not have a detectable odor except
at levels well above the permissible exposure limits. Do not
depend on odor to warn you when a respirator canister is exhausted.
If you can smell MDA while wearing a respirator, proceed immediately
to fresh air. If you experience difficulty breathing while
wearing a respirator, tell your employer.
(b) Protective clothing. You may be required to wear coveralls,
aprons, gloves, face shields, or other appropriate protective
clothing to prevent skin contact with MDA. Where protective
clothing is required, your employer is required to provide
clean garments to you, as necessary, to assure that the clothing
protects you adequately. Replace or repair impervious clothing
that has developed leaks. MDA should never be allowed to remain
on the skin. Clothing and shoes which are not impervious to
MDA should not be allowed to become contaminated with MDA,
and if they do, the clothing and shoes should be promptly
removed and decontaminated. The clothing should be laundered
to remove MDA or discarded. Once MDA penetrates shoes
or other leather articles, they should not be worn again.
(c) Eye protection. You must wear splashproof safety goggles
in areas where liquid MDA may contact your eyes. Contact lenses
should not be worn in areas where eye contact with MDA can
occur. In addition, you must wear a face shield if your face
could be splashed with MDA liquid.
(4) Emergency and first aid procedures.
(a) Eye and face exposure. If MDA is splashed into the eyes,
wash the eyes for at least 15 minutes. See a doctor as soon
as possible.
(b) Skin exposure. If MDA is spilled on your clothing or
skin, remove the contaminated clothing and wash the exposed
skin with large amounts of soap and water immediately. Wash
contaminated clothing before you wear it again.
(c) Breathing. If you or any other person breathes in large
amounts of MDA, get the exposed person to fresh air at once.
Apply artificial respiration if breathing has stopped. Call
for medical assistance or a doctor as soon as possible. Never
enter any vessel or confined space where the MDA concentration
might be high without proper safety equipment and at least
one other person present who will stay outside. A life line
should be used.
(d) Swallowing. If MDA has been swallowed and the patient
is conscious, do not induce vomiting. Call for medical assistance
or a doctor immediately.
(5) Medical requirements. If you are exposed to MDA at a concentration
at or above the action level for more than 30 days per year,
or exposed to liquid mixtures more than 15 days per year, your
employer is required to provide a medical examination, including
a medical history and laboratory tests, within 60 days of the
effective date of this standard and annually thereafter. These
tests shall be provided without cost to you. In addition, if
you are accidentally exposed to MDA (either by ingestion, inhalation,
or skin/eye contact) under conditions known or suspected to
constitute toxic exposure to MDA, your employer is required
to make special examinations and tests available to you.
(6) Observation of monitoring. Your employer is required to
perform measurements that are representative of your exposure
to MDA and you or your designated representative are entitled
to observe the monitoring procedure. You are entitled to observe
the steps taken in the measurement procedure and to record the
results obtained. When the monitoring procedure is taking place
in an area where respirators or personal protective clothing
and equipment are required to be worn; you and your representative
must also be provided with, and must wear, the protective clothing
and equipment.
(7) Access to records. You or your representative are entitled
to see the records of measurements of your exposure to MDA upon
written request to your employer. Your medical examination records
can be furnished to your physician or designated representative
upon request by you to your employer.
(8) Precautions for safe use, handling, and storage.
(a) Material is combustible. Avoid strong acids and their
anhydrides. Avoid strong oxidants. Consult supervisor for
disposal requirements.
(b) Emergency clean-up. Wear self-contained breathing apparatus
and fully clothe the body in the appropriate personal protective
clothing and equipment.
(b) Flash point: 226 degrees C. (439 degrees F.) Cleveland
open cup.
(c) Extinguishing media: Water spray; dry chemical; carbon
dioxide.
(d) Special fire fighting procedures: Wear self-contained
breathing apparatus and protective clothing to prevent contact
with skin and eyes.
(e) Unusual fire and explosion hazards: Fire or excessive
heat may cause production of hazardous decomposition products.
(4) Reactivity data.
(a) Stability: Stable.
(b) Incompatibility: Strong oxidizers.
(c) Hazardous decomposition products: As with any other organic
material, combustion may produce carbon monoxide. Oxides of
nitrogen may also be present.
(d) Hazardous polymerization: Will not occur.
(5) Spill and leak procedures.
(a) Sweep material onto paper and place in fiber carton.
(b) Package appropriately for safe feed to an incinerator
or dissolve in compatible waste solvents prior to incineration.
(c) Dispose of in an approved incinerator equipped with afterburner
and scrubber or contract with licensed chemical waste disposal
service.
(d) Discharge treatment or disposal may be subject to federal,
state, or local laws.
(e) Wear appropriate personal protective equipment.
(6) Special storage and handling precautions.
(a) High exposure to MDA can occur when transferring the
substance from one container to another. Such operations should
be well ventilated and good work practices must be established
to avoid spills.
(b) Pure MDA is a solid with a low vapor pressure. Grinding
or heating operations increase the potential for exposure.
(c) Store away from oxidizing materials.
(d) Employers shall advise employees of all areas and operations
where exposure to MDA could occur.
(7) Housekeeping and hygiene facilities.
(a) The workplace should be kept clean, orderly, and in a
sanitary condition. The employer should institute a leak and
spill detection program for operations involving MDA in order
to detect sources of fugitive MDA emissions.
(b) Adequate washing facilities with hot and cold water are
to be provided and maintained in a sanitary condition. Suitable
cleansing agents should also be provided to assure the effective
removal of MDA from the skin.
(8) Common operations. Common operations in which exposure
to MDA is likely to occur include the following: Manufacture
of MDA; manufacture of methylene diisocyanate; curing agent
for epoxy resin structures; wire coating operations; and filament
winding.
WAC
296-155-17345 Appendix C to WAC 296-155-173--Medical surveillance
guidelines for MDA.
(1) Route of entry. Inhalation; skin absorption; ingestion.
MDA can be inhaled, absorbed through the skin, or ingested.
(2) Toxicology. MDA is a suspect carcinogen in humans. There
are several reports of liver disease in humans and animals resulting
from acute exposure to MDA. A well documented case of an acute
cardiomyopathy secondary to exposure to MDA is on record. Numerous
human cases of hepatitis secondary to MDA are known. Upon direct
contact MDA may also cause damage to the eyes. Dermatitis and
skin sensitization have been observed. Almost all forms of acute
environmental hepatic injury in humans involve the hepatic parenchyma
and produce hepatocellular jaundice. This agent produces intrahepatic
cholestasis. The clinical picture consists of cholestatic jaundice,
preceded or accompanied by abdominal pain, fever, and chills.
Onset in about 60% of all observed cases is abrupt with severe
abdominal pain. In about 30% of observed cases, the illness
presented and evolved more slowly and less dramatically, with
only slight abdominal pain. In about 10% of the cases only jaundice
was evident. The cholestatic nature of the jaundice is evident
in the prominence of itching, the histologic predominance of
bile stasis, and portal inflammatory infiltration, accompanied
by only slight parenchymal injury in most cases, and by the
moderately elevated transaminase values. Acute, high doses,
however, have been known to cause hepatocellular damage resulting
in elevated SGPT, SGOT, alkaline phosphatase, and bilirubin.
Absorption through the skin is rapid. MDA is metabolized and
excreted over a 48-hour period. Direct contact may be irritating
to the skin, causing dermatitis. Also MDA which is deposited
on the skin is not thoroughly removed through washing. MDA may
cause bladder cancer in humans. Animal data supporting this
assumption is not available nor is conclusive human data. However,
human data collected on workers at a helicopter manufacturing
facility where MDA is used suggests a higher incidence of bladder
cancer among exposed workers.
(3) Signs and symptoms. Skin may become yellow from contact
with MDA. Repeated or prolonged contact with MDA may result
in recurring dermatitis (red-itchy, cracked skin) and eye irritation.
Inhalation, ingestion, or absorption through the skin at high
concentrations may result in hepatitis, causing symptoms such
as fever and chills, nausea and vomiting, dark urine, anorexia,
rash, right upper quadrant pain, and jaundice. Corneal burns
may occur when MDA is splashed in the eyes.
(4) Treatment of acute toxic effects/emergency situation. If
MDA gets into the eyes, immediately wash eyes with large amounts
of water. If MDA is splashed on the skin, immediately wash contaminated
skin with mild soap or detergent. Employee should be removed
from exposure and given proper medical treatment. Medical tests
required under the emergency section of the medical surveillance
((4)) must be conducted. If the chemical is swallowed do not
induce vomiting but remove by gastric lavage.
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