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(continued)
(d) Unless otherwise noted, pressure tests conducted in accordance with this section shall be either hydrostatic tests or pneumatic tests.
(1) When a hydrostatic test is conducted on a pressure vessel, the test pressure shall be no less than 1.25 times the maximum allowable working pressure.
(2) When a pneumatic test is conducted on a pressure vessel, the test pressure shall be the maximum allowable working pressure stamped on the nameplate.
(3) When a pneumatic test is conducted on piping, the test pressure shall be no less than 90 percent of the setting of the relief device.
(4) Pressure tests shall be conducted only after suitable precautions are taken to protect personnel and equipment.
(5) When pressure tests are conducted on pressure vessels or pressure piping, the test pressure shall be maintained for a period of time sufficient to allow examination of all joints, connections and high stress areas.
[CGD 95–028, 62 FR 51220, Sept. 30, 1997]
records
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§ 197.480 Logbooks.
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(a) The person-in-charge of a vessel or facility, that is required by 46 U.S.C. 11301 to have an official logbook, shall maintain the logbook on form CG–706.
(b) The person-in-charge of a vessel or facility not required by 46 U.S.C. 11301 to have an official logbook, shall maintain, on board, a logbook for making the entries required by this subpart.
(c) The diving supervisor conducting commercial diving operations from a vessel or facility subject to this subpart shall maintain a logbook for making the entries required by this subpart.
[CGD 76–009, 43 FR 53683, Nov. 16, 1978, as amended by CGD 95–028, 62 FR 51220, Sept. 30, 1997]
§ 197.482 Logbook entries.
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(a) The person-in-charge shall insure that the following information is recorded in the logbook for each commercial diving operation:
(1) Date, time, and location at the start and completion of dive operations.
(2) Approximate underwater and surface conditions (weather, visibility, temperatures, and currents).
(3) Name of the diving supervisor.
(4) General nature of work performed.
(b) The diving supervisor shall insure that the following information is recorded in the logbook for each commercial diving operation:
(1) Date, time, and location at the start and completion of each dive operation.
(2) Approximate underwater and surface conditions (weather, visibility, temperatures, and currents).
(3) Names of dive team members including diving supervisor.
(4) General nature of work performed.
(5) Repetitive dive designation or elapsed time since last hyperbaric exposure if less than 24 hours for each diver.
(6) Diving modes used.
(7) Maximum depth and bottom time for each diver.
(8) Name of person-in-charge.
(9) For each dive outside the no-decompression limits, deeper than 130 fsw, or using mixed-gas, the breathing gases and decompression table designations used.
(10) When decompression sickness or gas embolism is suspected or symptoms are evident—
(i) The name of the diver; and
(ii) A description and results of treatment.
(11) For each fatality or any diving related injury or illness that results in incapacitation of more than 72 hours or requires any dive team member to be hospitalized for more than 24 hours—
(i) The date;
(ii) Time;
(iii) Circumstances; and
(iv) Extent of any injury or illness.
(c) The diving supervisor shall insure that the following is recorded in the logbook for each diving operation deviating from the requirements of this subpart:
(1) A description of the circumstances leading to the situation.
(2) The deviations made.
(3) The corrective action taken, if appropriate, to reduce the possibility of recurrence.
(d) The diving supervisor shall insure that a record of the following is maintained:
(1) The date and results of each check of the medical kits.
(2) The date and results of each test of the air compressor.
(3) The date and results of each check of breathing mixtures.
(4) The date and results of each check of each breathing supply system.
(5) The date, equipment cleaned, general cleaning procedure, and names of persons cleaning the diving equipment for oxygen service.
(6) The date and results of each test of the breathing supply hoses and system.
(7) The date and results of each inspection of the breathing gas supply system.
(8) The date and results of each test of depth gages and timekeeping devices.
(9) The date and results of each test and inspection of each PVHO.
(10) The date and results of each inspection of the diving equipment.
(11) The date and results of each test and inspection of pressure piping.
(12) The date and results of each test and inspection of volume tanks and cylinders.
(e) The diving supervisor shall insure that a notation concerning the location of the information required under paragraph (d) is made in the logbook.
Note: 46 U.S.C. 11301 requires that certain entries be made in an official logbook in addition to the entries required by this section; and 46 U.S.C. 11302 prescribes the manner of making those entries.
[CGD 76–009, 43 FR 53683, Nov. 16, 1978, as amended by USCG–1999–6216, 64 FR 53229, Oct. 1, 1999]
§ 197.484 Notice of casualty.
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(a) In addition to the requirements of subpart 4.05 of this chapter and 33 CFR 146.30, the person-in-charge shall notify the Officer-in-Charge, Marine Inspection, as soon as possible after a diving casualty occurs, if the casualty involves any of the following:
(1) Loss of life.
(2) Diving-related injury to any person causing incapacitation for more than 72 hours.
(3) Diving-related injury to any person requiring hospitalization for more than 24 hours.
(b) The notice required by this section must contain the following:
(1) Name and official number (if applicable) of the vessel or facility.
(2) Name of the owner or agent of the vessel or facility.
(3) Name of the person-in-charge.
(4) Name of the diving supervisor.
(5) Description of the casualty including presumed cause.
(6) Nature and extent of the injury to persons.
(c) The notice required by this section is not required if the written report required by §197.486 is submitted within 5 days of the casualty.
[CGD 76–009, 43 FR 53683, Nov. 16, 1978, as amended by CGD 95–072, 60 FR 50469, Sept. 29, 1995]
§ 197.486 Written report of casualty.
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The person-in-charge of a vessel or facility for which a notice of casualty was made under §197.484 shall submit a report to the Officer-in-Charge, Marine Inspection, as soon as possible after the casualty occurs, as follows:
(a) On Form CG–2692, when the diving installation is on a vessel.
(b) Using a written report, in narrative form, when the diving installation is on a facility. The written report must contain the information required by §197.484.
(c) The report required by this section must be accompanied by a copy of the report required by §197.410(a)(9) when decompression sickness is involved.
(d) The report required by this section must include information relating to alcohol or drug involvement as required by §4.05–12 of this chapter.
(The reporting requirement in paragraph (a) was approved by OMB under control number 2115–0003)
[CGD 76–009, 43 FR 53683, Nov. 16, 1978, as amended by CGD 82–023, 47 FR 35748, Aug. 16, 1982; 48 FR 43328, Sept. 23, 1983; CGD 84–099, 52 FR 47536, Dec. 14, 1987]
§ 197.488 Retention of records after casualty.
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(a) The owner, agent, or person-in-charge of a vessel or facility for which a report of casualty is made under §197.484 shall retain all records onboard that are maintained on the vessel or facility and those records required by this subpart for 6 months after the report of a casualty is made or until advised by the Officer-in-Charge, Marine Inspection, that records need not be retained onboard.
(b) The records required by paragraph (a) of this section to be retained on board include, but are not limited to, the following:
(1) All logbooks required by §197.480.
(2) All reports required by §197.402(a)(2)(ii), §197.404(a)(4), §197.410(a)(9).
(c) The owner, agent, person-in-charge, or diving supervisor shall, upon request, make the records described in this section available for examination by any Coast Guard official authorized to investigate the casualty.
Subpart C—Benzene
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Source: CGD 88–040, 56 FR 52135, Oct. 17, 1991, unless otherwise noted.
§ 197.501 Applicability.
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(a) Except for vessels satisfying paragraph (b) of this section, this subpart applies to all Coast Guard inspected vessels, including tank ships and barges, that are carrying benzene or benzene containing liquids in bulk as cargo.
(b) This subpart does not apply to vessels that are carrying only liquid cargoes containing less than 0.5% benzene by volume.
(c) This subpart does not apply to vessels of foreign registry.
[CGD 88–040, 56 FR 52135, Oct. 17, 1991; 56 FR 65006, Dec. 13, 1991]
§ 197.505 Definitions.
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As used in this subpart—
Action level means an airborne concentration of benzene of 0.5 parts of benzene per million parts of air calculated as an eight hour time-weighted average, generated from vessels regulated by this subpart.
Authorized person means a person specifically authorized by the person in charge of the vessel to enter a regulated area.
Benzene means liquefied or gaseous benzene (C6 H6; Chemical Abstracts Service Registry No. 71–43–2) and includes benzene contained in liquid mixtures and the benzene vapors released by these mixtures. The term does not include trace amounts of unreacted benzene contained in solid materials.
Breathing zone means the area within one foot of a person's mouth and nose.
Employee means an individual who is on board a vessel by reason of that individual's employment and who is employed directly by the owner, charterer, managing operator, or agent of that vessel.
Employer means the owner, charterer, managing operator, or agent of a vessel.
Emergency means an occurrence, such as an equipment failure, a container rupture, or a control equipment failure, which results or may result in an unexpected release of benzene.
Operations involving benzene means any operation that could subject a worker to benzene exposures above the PEL, including cargo transfer operations involving connecting or disconnecting liquid or vapor hoses; cargo tank gauging and sampling; and cargo tank gas freeing, venting, and cleaning.
Performance standard means the standard in §197.520.
Person in charge means—
(1) For a self propelled vessel, the master or licensed operator of the vessel; and
(2) For an unmanned barge,
(i) The licensed operator of the vessel for barge tows;
(ii) Where there is no licensed operator, the tankerman who signs the declaration of inspection for a cargo transfer for an operation involving benzene; or
(iii) Where there is no licensed operator or tankerman, the individual in charge of the vessel when it is moored at a fleet, terminal, or other place.
Permissible exposure limits or PELs mean the exposure limits specified in §197.515.
Personal exposure means the concentration of airborne benzene to which a person would be exposed if that person were not using a properly fitted respirator in compliance with §197.550 and the personal protective clothing and equipment in compliance with §197.555.
Regulated area means an area designated in compliance with §197.535.
Short-term exposure limit or STEL means an airborne concentration of five parts of benzene per million parts of air (five ppm), as averaged over any 15 minute period.
Time-weighted average exposure limit or TWA means an airborne concentration of one part of benzene per million parts of air (one ppm), as averaged over an eight-hour period. This eight hour period covers the time, up to eight hours, that the employee works in any 24 hour period. If the exposure period is less than eight hours within the 24 hour period, the difference between eight hours and the time of exposure (that is, the unexposed time) is averaged into the TWA. If the exposure period exceeds eight hours in any 24 hour period, sum the products of each exposure level multiplied by the time at that exposure level. The TWA is the value of that sum divided by eight hours.
Vapor control or recovery system means a system of piping and equipment used to collect vapors by transporting the vapors from a tank being loaded to a tank being unloaded or by collecting the vapors and containing them, recovering them, dispersing them in a location remote from personnel, or destroying them.
§ 197.510 Incorporation by reference.
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(a) Certain materials are incorporated by reference into this subpart with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 522(a) and 1 CFR part 51. To enforce any edition other than the one listed in paragraph (b) of this section, notice of the change must be published in the Federal Register and the material made available to the public. All approved material is on file at U.S. Coast Guard, Office of Operating and Environmental Standards (G-MSO), 2100 Second Street, SW., Washington, DC 20593–0001 and at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. All approved material is available from the sources indicated in paragraph (b) of this section.
(b) The material approved for incorporation by reference in this subpart and the sections affected are as follows:
American National Standards Institute (ANSI)
11 West 42nd Street, New York, NY 10036
ANSI Z 88.2—1980—Practices for Respiratory Protection §197.550
[CGD 88–040, 56 FR 52135, Oct. 17, 1991, as amended by CGD 95–072, 60 FR 50469, Sept. 29, 1995; CGD 96–041, 61 FR 50735, Sept. 27, 1996; 61 FR 52497, Oct. 7, 1996; 69 FR 18803, Apr. 9, 2004]
§ 197.515 Permissible exposure limits (PELs).
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The permissible exposure limits (PELs) for personal exposure are as follows:
(a) The time-weighted average exposure limit (TWA).
(b) The short-term exposure limit (STEL). Exposures at the STEL must not be repeated more than four times a day. There must be at least 60 minutes between successive exposures at the STEL.
§ 197.520 Performance standard.
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No person may be subjected to a personal exposure in excess of the permissible exposure limits unless respiratory protection is used.
§ 197.525 Responsibility of the person in charge.
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Unless otherwise specified, the person in charge shall ensure that the performance standard and other requirements of this subpart are complied with on that person's vessel.
§ 197.530 Persons other than employees.
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(a) Before a nonemployee (other than Federal, state, and local government personnel) engages in a benzene operation on a vessel in which the person is likely to be exposed to benzene in excess of the PELs, that person must certify that—
(1) That person has had, within the previous 12 months, at least one medical examination in compliance with §197.560 or 29 CFR 1910.1028;
(2) The physician who performed or who supervised the latest medical examination in compliance with paragraph (a)(1) of this section did not recommend that that person be excluded from areas where personal exposure may exceed the action level;
(3) All respirators and personal protective clothing and equipment that will be used by that person while on the vessel meet the requirements of §197.550(b) and §197.555(c) or of 29 CFR 1910.1028; and
(4) All respirators that will be used by that person while on the vessel have been fitted and fit tested in accordance with §197.550 (c) and (d) or with 29 CFR 1910.1028.
Note: The employer need not furnish the required respirators and personal protective clothing and equipment to nonemployees.
(b) The certification required by paragraph (a) of this section must be in writing, list the items in paragraphs (a)(1) through (a)(4) of this section, reference 46 CFR 197.530, state the date of the certification, and be signed by the person making the certification. A sample certification form is contained in appendix F of this subpart.
(c) Before the nonemployee making the certification engages in a benzene operation on a vessel, that person or a representative of the entity which employs that person must show a copy of the certification to the person in charge of the vessel and the person in charge must examine the certification to ensure compliance with the requirements of this section.
§ 197.535 Regulated areas.
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(a) Based on the employer's evaluation of the environmental monitoring, whenever the airborne concentration of benzene within an area exceeds or reasonably can be expected to exceed the permissible exposure limits, the person in charge shall mark the area as a regulated area.
(b) The person in charge shall restrict access to regulated areas to authorized persons wearing an appropriate respirator in compliance with §197.550 and the personal protective clothing and equipment in compliance with §197.555. The person in charge shall not allow any person to enter a regulated area without another individual in the vicinity to perform rescue or call for help. The second individual must maintain communication with the one entering the regulated area or keep that individual in sight. Also, the second individual must be located at the point of access during confined space entry.
(c) The boundaries of regulated areas must be indicated by barricades, other devices, or by painted areas on the vessel. A sign bearing the following legend in letters at least three inches high (except for the words “DANGER—BENZENE”, which must be printed in letters at least 50 percent larger than the other words) must be posted at each access to the regulated areas:
DANGER—BENZENE
REGULATED AREA
CANCER CAUSING AGENT
FLAMMABLE—NO SMOKING
AUTHORIZED PERSONNEL ONLY
RESPIRATOR REQUIRED
§ 197.540 Determination of personal exposure.
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(a) General. (1) The employer shall ensure that one or more persons in each type of operation conducted on the vessel which involves the handling of or potential exposure to benzene are monitored. The monitoring must be conducted so as to determine the representative personal exposure of all persons engaged in each particular operation involving benzene. Monitoring one vessel of a class is sufficient for all vessels of that class provided the procedures, equipment, work practices, cargo, and control equipment are substantially the same.
(2) For long duration operations, such as cargo loading or tank entry, the persons monitored must be monitored to determine the representative TWA for all persons engaged in the operation. The monitoring must be based on breathing zone air samples taken for the duration of the operation or for eight hours, whichever is less.
(3) For short duration operations, such as tank gauging or hose connection and disconnection, the persons monitored must be monitored to determine the representative short term exposure level for all persons engaged in the operation. The monitoring must be based on 15 minute breathing zone air samples. Brief period measuring devices may be used to determine whether monitoring for the short term exposure level is needed.
(4) If cargoes with different benzene concentrations are being carried on the vessel, an operation involving the lower concentration cargoes need not be monitored if the same type of operation involving the highest concentration cargo is monitored and found to be below the action level.
(5) Initial monitoring must be conducted during weather conditions typical in the geographic area and during the time of day the operation is normally conducted. If the benzene level is above half the action level for the operation, additional monitoring must be conducted under those weather conditions that will maximize benzene exposure, such as low wind, stable air, and high temperature.
(6) The monitoring method used must be accurate to a confidence level of 95 percent to within plus or minus 25 percent for airborne concentrations of benzene equal to or greater than 0.5 ppm.
(b) Initial exposure monitoring. When benzene is first loaded as a cargo on board a vessel, an initial monitoring of each type of operation must be conducted to determine accurately the representative personal exposure of persons involved in the operation.
(c) Periodic exposure monitoring. The monitoring must be repeated each July or August if benzene containing cargoes are carried during those months; monitoring must be conducted under those weather conditions that will maximize benzene exposure, such as low wind, stable air, and high temperature. If benzene containing cargoes are not carried during those months, monitoring must be conducted at the time of carriage nearest those months; monitoring must be conducted under those weather conditions that will maximize benzene exposure, such as low wind, stable air, and high temperature.
(d) Additional exposure monitoring. (1) Monitoring in compliance with paragraphs (b) and (c) of this section must be repeated for the operation when there has been a change in the procedure, equipment, or work practices of the operation which may increase personal exposure or whenever the employer or person in charge has any reason to suspect that personal exposure has increased.
(2) Whenever emergencies occur that may increase personal exposure, operations affected by the emergency must be monitored using area or personal sampling after the spill is cleaned up or the leak, rupture, or other breakdown is repaired to determine when personal exposure has returned to the level that existed before the emergency. There must be monitoring equipment aboard each ship.
(3) For those cases in which the benzene exposure can vary significantly over the year, the personnel exposure reduction plan can reflect this variation in time if both initial and periodic exposure monitoring are conducted at those times. There must be sufficient monitoring to quantitatively justify differences in the exposure reduction program over the course of the year. The exposure monitoring must be conducted under those weather conditions that will maximize benzene exposure, such as low wind, stable air, and high temperature.
(4) The Coast Guard may require additional monitoring upon reasonable belief that the PEL's are being exceeded.
(e) Notification of exposure monitoring results. (1) Within 60 working days after the receipt of the results of monitoring in compliance with this section, each person involved in the operation monitored must be given written notice of the results, either by separate letter or by notice posted in a location accessible to all persons involved.
(2) If the results indicate that the PELs were exceeded, the written notice required by paragraph (e)(1) of this section must state, or refer to a document available to the persons involved which states, the corrective action to be taken to reduce the personal exposure to or below the PELs.
[CGD 88–040, 56 FR 52135, Oct. 17, 1991; 56 FR 65006, Dec. 13, 1991; CGD 95–028, 62 FR 51221, Sept. 30, 1997]
§ 197.545 Program to reduce personal exposure.
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(a) When personal exposure for an operation is over the applicable PEL as determined in compliance with §197.540, the employer shall develop and implement, within 60 working days of the date of that determination, a written program detailing the corrective actions that will be taken to reduce personal exposure to or below the PEL's. The written program must include a timeframe for implementing the corrective actions to be taken.
(b) Corrective actions in compliance with paragraph (a) of this section may include, but are not limited to, one or more of the following:
(1) Engineering controls (e.g. vapor control or recovery systems, closed loading systems, or controlled venting systems);
(2) Revised work practices; or
(3) Respirators in compliance with §197.550 and personal protective clothing and equipment in compliance with §197.555.
(c) Whenever the exposure monitoring data show a significant increase in personnel exposure, the program must be revised to reflect the new data.
(d) Each person involved in the operation must be notified that a written program detailing corrective actions is available upon request.
(e) A copy of the written program must be furnished upon request to the Coast Guard.
§ 197.550 Respiratory protection.
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(a) General. When the use of respirators in compliance with this section and the personal protective clothing and equipment in compliance with §197.555 is chosen as the method or one of the methods in compliance with §197.545 to be used in meeting the performance standard, the respirators used must be selected and fitted according to this section.
(b) Respirator selection. (1) The respirator must be approved by the Mine Safety and Health Administration (MSHA) in compliance with 30 CFR part 11. When filter elements are used, they must include MSHA approval for organic vapors or benzene.
(2) The employer shall provide affected employees with the appropriate respirators without charge and ensure that the respirators are used properly. Any employee determined by the testing physician as being unable to wear negative pressure respirators, who continues to be subject to exposure over the PEL, must be given the option of wearing a respirator with less breathing resistance, such as a powered air-purifying respirator or a supplied air respirator.
(3) Electrically powered respiratory protective equipment must meet the electrical engineering requirements in subchapter J of this chapter and the electrical equipment requirements in part 151, table 151.05, and part 153, table 1, of this chapter.
(4) The type of respirator provided must be a type specified in table 197.550(b) of this section that is appropriate for the exposure.
Table 197.550(b)_Respiratory Protection for Benzene
------------------------------------------------------------------------
Airborne concentration of benzene or
condition of use Respirator type
------------------------------------------------------------------------
Up to 10 times the TWA.................... (1) Half-mask air-purifying
respirator with organic
vapor cartridges.
Up to 50 times the TWA.................... (1) Full facepiece
respirator with organic
vapor cartridges.
(2) Full facepiece gas mask
with chin style
canister.\1\
Up to 100 times the TWA................... (1) Full facepiece powered
air purifying respirator
with organic vapor
canister.\1\
Up to 1,000 times the TWA................. (1) Supplied air respirator
with full facepiece in
positive-pressure mode.
More than 1,000 times the TWA or unknown (1) Self-contained breathing
concentration. apparatus with full
facepiece in positive
pressure mode.
(2) Full facepiece positive-
pressure supplied-air
respirator with auxiliary
self-contained air supply.
Escape.................................... (1) Any organic vapor gas
mask.
(2) Any self-contained
breathing apparatus with
full facepiece
Fire fighting............................. (1) Full facepiece self-
contained breathing
apparatus in positive
pressure mode.
------------------------------------------------------------------------
\1\ Canisters for non-powered air purifying respirators must have a
minimum service life of four hours when tested at 150 ppm benzene, at
a flow rate of 64 liters/minute at 25°C and 85% relative humidity.
Canisters for powered air-purifying respirators must have a flow rate
of 115 liters/minute (for tight fitting respirators) or 170 liters/
minute (for loose fitting respirators).
(c) Respirator fit testing. (1) Before the person is permitted to use a respirator selected and fitted in compliance with this section, the person must undergo an Initial Fit Test (IFT) and either a Qualitative Fit Test (QLFT) or a Quantitative Fit Test (QNFT), in compliance with Appendix E of this subpart, using the respirator fitted. If a negative pressure respirator is used, the QLFT or QNFT must be repeated at least once a year thereafter.
(2) The objective of the tests is to identify for the person a respirator which minimizes the chance of leakage.
(3) The person conducting the tests required by paragraph (c)(1) of this section must understand the purpose of these tests and how to perform them.
(4) The person conducting the tests required by paragraph (c)(1) of this section must certify the results by signing the test report.
(d) Respirator fitting. (1) Employees who are being fitted for respirators must be trained in the methods for properly fitting a respirator and informed of the factors which may affect a proper fit, such as beards, sideburns, dentures, eyeglasses, and goggles, and that an unobstructed sealing surface is critical in fitting a respirator. (See appendix E of this subpart).
(2) For employees requiring eye glasses, corrective lenses should be fitted to the respirator faceplate. As a temporary measure, glasses with short temple bars may be taped to the wearer's head. Contact lenses other than soft lenses or gas permeable lenses must not be worn with respirators.
(e) Respirator use. Persons wearing a respirator in a regulated area must be permitted to leave the regulated area to wash their face and respirator facepiece, as necessary, in order to prevent skin irritation associated with respirator use or, if an air-purifying respirator is used, to change the filter elements whenever the person wearing the respirator detects a change in breathing resistance or a chemical vapor breakthrough.
(f) Respirator inspection. Respirators must be inspected in accordance with ANSI Z88.2—1980, section 8.
(g) Respirator maintenance. (1) Respirators must be maintained in accordance with ANSI Z88.2—1980, section 8.
(2) During respirator cleaning, the rubber or elastomer parts of the respirator must be stretched and manipulated with a massaging action to keep the parts pliable and flexible and to keep the parts from taking a set during storage.
(3) The air purifying element of air-purifying respirators must be replaced when the employee detects breakthrough or after a period not to exceed eight hours, which ever comes first. The element must also be replaced at the start of each shift. An air purifying element with an end of useful life indicator approved by MSHA or NIOSH for benzene may be used until the indicator indicates end of useful life even if this exceeds eight hours.
(h) Respirator storage. Respirators must be stored in accordance with ANSI Z88.2—1980, section 8.
§ 197.555 Personal protective clothing and equipment.
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(a) When the use of respirators in compliance with §197.550 and the personal protective clothing and equipment in compliance with this section is chosen as the method or one of the methods required by §197.545 to be used in meeting the performance standard, the clothing and equipment must meet the requirements of this section.
(b) The employer shall provide employees with the necessary personal protective clothing and equipment without charge and shall ensure that the clothing and equipment are worn or used properly.
(c) Employees must be provided with coveralls or a large apron, boots, gloves, and, if necessary, tight-fitting eye goggles to limit dermal exposure to, and prevent eye contact with, liquid benzene.
§ 197.560 Medical surveillance.
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(a) General. (1) The employer must provide, and the employees must submit to, the medical surveillance examinations for employees, as required by this section.
(2) All medical surveillance procedures in compliance with this section, other than the pulmonary function test of paragraph (b)(5)(v) of this section and all laboratory tests, must be performed by, or under the supervision of, a licensed physician.
(3) The pulmonary function test of paragraph (b)(5)(v) of this section must be administered by a licensed physician or by a person who has completed a training course in spirometry sponsored by a governmental, academic, or professional institution.
(4) All laboratory tests must be conducted by a laboratory accredited by an accrediting organization acceptable to the Commandant.
(b) Initial medical examination. (1) Within March 14, 1992 the employer shall make available to the employees listed in paragraph (b)(2)(i) of this section an initial medical examination. Within six months all initial medical examinations must be completed, including those for the employees listed in paragraph (b)(2)(ii), and each employee notified of the results of that employee's examination.
(2) The initial medical examination must be made available to the following employees before they are permitted to enter or continue working in a workplace in which they will be or may be exposed to benzene:
(i) Employees who were exposed to more than 10 ppm of benzene as an eight-hour TWA on at least 30 calendar days during the year before January 15, 1992 and who were employed by their present employer during each of the 30 days.
(ii) Employees, other than employees defined in paragraph (b)(2)(i) of this section, who may reasonably be expected to be exposed to benzene at or above the action level on at least 30 calendar days, or at a level above a PEL on at least 10 calendar days, during the coming year.
(3) Exposure to benzene, as referred to in paragraph (b)(2) of this section, means any exposure to benzene, whether or not at the time of the exposure, the employee was or will be wearing an appropriate respirator in compliance with §197.550 and the personal protective clothing and equipment in compliance with §197.555.
(4) An initial medical examination is not required if the employer or employee has adequate records showing that the employee has had, within one year, an examination meeting the requirements of paragraph (b)(5) of this section.
(5) The initial medical examination must include at least the following elements:
(i) A detailed occupational history which includes a history of past work exposure to benzene or any other hematological toxin, a family history of blood dyscrasias including hematological neoplasms, a history of blood dyscrasias including genetic hemoglobin abnormalities, bleeding abnormalities, and abnormal functions of formed blood elements, a history of renal or liver dysfunction, a history of medicinal drugs routinely taken, a history of previous exposure to ionizing radiation, and a history of exposure to marrow toxins outside of the employee's current work situation. The employee must provide to the examining physician as complete an occupational history as possible for the period prior to the current employment.
(ii) A complete physical examination.
(iii) A complete blood count, including a leukocyte count, with differential, quantitative thrombocyte count, hematocrit, hemoglobin, erythrocyte count. and erythrocyte indices (MCV, MCH, MCHC). The results of these tests must be reviewed by the examining physician.
(iv) As determined necessary by the examining physician, additional tests based on alterations to the components of the blood or other signs which may be related to benzene exposure.
(v) For employees required to wear respirators for at least 30 days a year, a pulmonary function test.
(c) Periodic medical examinations. (1) The employer shall ensure that no one performs a benzene operation exceeding the level criteria of paragraph (b)(2) of this section without having undergone an initial medical examination and periodic medical examinations yearly thereafter. Also, those who in the previous year have performed benzene operations exceeding the level criteria of paragraph (b)(2) of this section shall undergo a periodic medical examination even if they will not perform benzene operations in the current year. Periodic examinations must include, at least, the following elements:
(i) A brief history regarding new exposure to potential marrow toxins, changes in medicinal drug use, and the appearance of physical signs relating to blood disorders.
(ii) A complete blood count, including a leukocyte count with differential, quantitative thrombocyte count, hematocrit, hemoglobin, erythrocyte count, and erythrocyte indices (MCV, MCH, MCHC). The results of these tests must be reviewed by the examining physician.
(iii) As determined necessary by the examining physician, additional tests based on alterations to the components of the blood or other signs which may be related to benzene exposure.
(2) If the employee develops signs and symptoms commonly associated with toxic exposure to benzene, the employee must be provided with an additional medical examination which includes those elements considered appropriate by the examining physician.
(3) For employees required to use respirators for at least 30 days a year, a pulmonary function test must be performed, and specific evaluation of the cardiopulmonary system must be made, at least every three years.
(d) Additional examinations and referrals. (1) If the results of the complete blood count laboratory test required for the initial or periodic medical examination indicate that any of the following abnormal conditions exist, the blood count must be retaken within four weeks:
(i) The hemoglobin or the hematocrit falls below the normal limit (outside the 95% confidence interval (C.I.)), as determined by the laboratory, or the hemoglobin or hematocrit shows a persistent downward trend from the employee's pre-exposure norms, if these findings can not be explained by other medical reasons.
(ii) The thrombocyte count varies more than 20 percent below the employee's most recent values or falls outside the normal limit (95% C.I.), as determined by the laboratory.
(iii) The leukocyte count is below 4,000 per cubic millimeter or there is an abnormal differential count.
(2) If the abnormal conditions persist, the employee must be referred by the examining physician to a hematologist or an internist for further evaluation, unless the physician has good reason to believe that the referral is unnecessary. (See appendix C of this subpart for examples of conditions in which referrals may be unnecessary.)
(3) The hematologist or internist must be provided with the information provided to the physician in compliance with paragraph (f) of this section and with the medical record in compliance with §197.570(b).
(4) If the hematologist or internist determines that additional tests are needed, the employer shall ensure that these additional tests are provided. These test must be completed in thirty days, whether or not the employee continues to perform benzene operations.
(e) Emergency medical examinations. (1) Whenever an employee is exposed to benzene resulting from an emergency, a sample of that employee's urine must be taken at the end of the employee's shift and a urinary phenol test must be performed on the sample within 72 hours. Where due to unavoidable circumstances the sample can not be tested by a laboratory within 72 hours of exposure, the sample shall be frozen until it can be delivered to the laboratory. The specific gravity of the urine must be corrected to 1.024. Since certain foods and medications can result in elevated phenol levels, the employee must provide the physician with a dietary and medication history.
(2) If the result of the urinary phenol test is below 75 mg phenol/l of urine, no further testing is required.
(3) If the result of the urinary phenol test is equal to or greater than 75 mg phenol/l of urine, the employee's complete blood count including an erythrocyte count, a leukocyte count with differential, and a thrombocyte count must be taken at monthly intervals for a duration of three months following the emergency.
(4) If any of the conditions specified in paragraph (d)(1) of this section exists, the additional examinations and referrals specified in paragraph (d) of this section must be performed and the employee must be provided with periodic medical examinations, if any are recommended by the examining physician.
(f) Information provided to the physician. The following information must be provided to the examining physician:
(1) A copy of this subpart and its appendices.
(2) A description of the affected employee's duties as they relate to the employee's exposure.
(3) The employee's actual or representative exposure level.
(4) A description of the respirator and personal protective clothing and equipment used or to be used, if any.
(5) Records of all previous employment-related medical examinations of the affected employee which were conducted while in the employ of the current employer and which have not been provided to the examining physician.
(g) Physician's written opinion. (1) The employer shall ensure that, within 45 days of each examination required by this section, the employer and the employee must be provided with a copy of the examining physician's written opinion of the examination.
(2) The written opinion must contain at least the following information:
(i) The occupationally pertinent results of the medical examination and tests.
(ii) All medical conditions, if any, of the employee which the examining physician believes would subject the employee to a greater than normal risk of material impairment of health if the employee is exposed again to benzene.
(iii) The examining physician's recommended limitations, if any, upon the employee's future exposure to benzene or use of respirators or other personal protective clothing or equipment.
(iv) A statement that the employee has been informed by the physician of the results of the medical examination and of all medical conditions of the employee resulting from benzene exposure which require further explanation or treatment.
(3) The physician's written opinion must not reveal specific records, findings, or diagnoses that have no bearing on the employee's ability to work in a benzene-exposed workplace, ability to use a respirator, or ability to use personal protective clothing or equipment.
(h) Removal from exposure. (1) From the time an employee is referred to a hematologist or internist in compliance with paragraph (d)(2) of this section, the employee must not be permitted to enter areas where personal exposure may exceed the action level until the physician determines in compliance with paragraph (h)(2) of this section that the employee again may enter those areas.
(2) After examination by and consultation with the hematologist or internist, the examining physician decides whether or not to permit the employee to enter areas where personal exposure may exceed the action level. The employee must provide the employer with a written copy of the physician's decision signed by the physician. If the decision recommends that the employee not be permitted to enter those areas, the decision must include the examining physician's opinion as to when the employee may be permitted to reenter those areas and the requirements for future medical examinations to review the decision.
(3) Within six months of the date a decision in compliance with paragraph (h)(2) of this section not to permit reentry is made, the employee must be provided with a follow-up examination and a decision of the examining physician (based on the follow-up examination and consultation with a hematologist or internist) as to whether reentry should be permitted and, if so, when, or whether it should be permanently prohibited.
[CGD 88–040, 56 FR 52135, Oct. 17, 1991; 56 FR 65006, Dec. 13, 1991]
§ 197.565 Notifying personnel of benzene hazards.
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(a) Material safety data sheet. A material safety data sheet (MSDS) addressing benzene must be made available to all persons involved in the benzene operation. The MSDS must describe the physical and chemical characteristics, physical and health hazards, permissible exposure limits, precautions for safe handling and use, control measures such as personal protection equipment, and first aid procedures for benzene. A copy of appendices A and B of this subpart or a MSDS on benzene meeting the requirements of 29 CFR 1910.1200(g) is sufficient.
(b) Training. (1) All employees must be provided with training at the time of their initial assignment to a work area where benzene is present and, if exposures are above the action level, at least once a year thereafter. Employees transferring to a new work area must be provided with training specific to that new work area.
(2) The training must provide information on—
(i) Which operations on the vessel involve or may involve exposure to benzene;
(ii) The methods and observations that may be used to detect the presence or release of benzene;
(iii) The physical and health hazards associated with exposure to benzene;
(iv) The measures that may be taken and the equipment that may be used to protect persons from the hazards of benzene exposure;
(v) The proper selection, fitting, fit testing, and use of personal protective equipment in emergency situations;
(vi) The meaning of a regulated area and the means specified in §197.535(c) to indicate a regulated area;
(vii) The contents of this subpart and of appendices A through E of this subpart and on where copies of this material are available; and
(viii) The medical surveillance program specified in §197.560.
§ 197.570 Recordkeeping.
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(a) Record of personal exposure monitoring. (1) The employer shall maintain an accurate record of all monitoring conducted in compliances with §197.540 for three years.
(2) The record must include—
(i) The dates, number, duration, and results of each sample taken, and a description of the procedure used to determine representative personal exposures;
(ii) A description of the sampling and analytical methods used;
(iii) A description of the type of respirator and personal protective clothing and equipment worn, if any; and
(iv) The name, social security number, and job classification of each person monitored and of all other persons whose exposure the monitoring is intended to represent; and
(v) The exposure levels to which monitored persons were subjected, even if this level is below the PEL.
(b) Medical record. (1) The employer shall maintain an accurate medical record for each employee subjected to medical surveillance specified in §197.560 for three years after the employee's employment is terminated.
(2) The record must include—
(i) The name and social security number of the employee;
(ii) The physician's written opinion on the initial, periodic, and special examinations of the employee, including the results of medical examinations and tests and all opinions and recommendations;
(iii) A list of medical complaints, if any, by the employee related to exposure to benzene;
(iv) A copy of the information provided to the physician required in §197.560(f)(2) through (f)(5); and
(v) A copy of the employee's medical and work history related to exposure to benzene or other hematologic toxin.
(c) Availability of records. (1) All records required to be maintained by this section must be made available upon request to the Coast Guard.
(2) Records of personal exposure monitoring in compliance with (a) of this section must be provided upon request to persons involved in the operation.
(3) A copy of each item entered into the medical record in compliance with paragraph (b) of this section for a particular employee must be given to that employee at the time the item is entered into the medical record.
(4) Medical records required by paragraph (b) of this section must be provided to persons upon the written request of the subject employee.
(d) Transfer of records. (1) If the employer ceases to do business and there is no successor to receive and retain the records for the prescribed period, the employer shall make the best effort to transfer all records required in paragraphs (a) and (b) of this section relating to the affected employees to those employees for their disposition. Before transferring medical records to former employees, the employer shall determine whether any forwarding address provided by the employee is still valid and whether the employee desires the records. If a current or former employee refuses to accept the records or does not respond to notification of their availability, the records shall be destroyed.
(2) If the employer ceases to engage in operations involving benzene, the employershall retain the records for inspection unless the employee requests them as provided in §197.570(c). (continued)