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4.4. Angle of Extinction
Crystals which have different crystal regularity in two or three main directions are said to be anisotropic. They have a different index of refraction in each of the main directions. When such a crystal is inserted between the crossed polars, the field of view is no longer dark but shows the crystal in color. The color depends on the properties of the crystal. The light acts as if it travels through the crystal along the optical axes. If a crystal optical axis were lined up along one of the polarizing directions (either the polarizer or the analyzer) the light would appear to travel only in that direction, and it would blink out or go dark. The difference in degrees between the fiber direction and the angle at which it blinks out is called the angle of extinction. When this angle can be measured, it is useful in identifying the mineral. The procedure for measuring the angle of extinction is to first identify the polarization direction in the microscope. A commercial alignment slide can be used to establish the polarization directions or use anthophyllite or another suitable mineral. This mineral has a zero degree angle of extinction and will go dark to extinction as it aligns with the polarization directions. When a fiber of anthophyllite has gone to extinction, align the eyepiece reticle or graticule with the fiber so that there is a visual cue as to the direction of polarization in the field of view. Tape or otherwise secure the eyepiece in this position so it will not shift.
After the polarization direction has been identified in the field of view, move the particle of interest to the center of the field of view and align it with the polarization direction. For fibers, align the fiber along this direction. Note the angular reading of the rotating stage. Looking at the particle, rotate the stage until the fiber goes dark or "blinks out". Again note the reading of the stage. The difference in the first reading and the second is an angle of extinction.
The angle measured may vary as the orientation of the fiber changes about its long axis. Tables of mineralogical data usually report the maximum angle of extinction. Asbestos forming minerals, when they exhibit an angle of extinction, usually do show an angle of extinction close to the reported maximum, or as appropriate depending on the substitution chemistry.
4.5. Crossed Polars with Compensator
When the optical axes of a crystal are not lined up along one of the polarizing directions (either the polarizer or the analyzer) part of the light travels along one axis and part travels along the other visible axis. This is characteristic of birefringent materials.
The color depends on the difference of the two visible indices of refraction and the thickness of the crystal. The maximum difference available is the difference between the alpha and the gamma axes. This maximum difference is usually tabulated as the birefringence of the crystal.
For this test, align the fiber at 45 deg. to the polarization directions in order to maximize the contribution to each of the optical axes. The colors seen are called retardation colors. They arise from the recombination of light which has traveled through the two separate directions of the crystal. One of the rays is retarded behind the other since the light in that direction travels slower. On recombination, some of the colors which make up white light are enhanced by constructive interference and some are suppressed by destructive interference. The result is a color dependent on the difference between the indices and the thickness of the crystal. The proper colors, thicknesses, and retardations are shown on a Michel-Levy chart. The three items, retardation, thickness and birefringence are related by the following relationship:
R = t (n gamma - n alpha) R = retardation, t = crystal thickness in m m, and n alpha, gamma = indices of refraction.
Examination of the equation for asbestos minerals reveals that the visible colors for almost all common asbestos minerals and fiber sizes are shades of gray and black. The eye is relatively poor at discriminating different shades of gray. It is very good at discriminating different colors. In order to compensate for the low retardation, a compensator is added to the light train between the polarization elements. The compensator used for this test is a gypsum plate of known thickness and birefringence. Such a compensator when oriented at 45 deg. to the polarizer direction, provides a retardation of 530 nm of the 530 nm wavelength color. This enhances the red color and gives the background a characteristic red to red-magenta color. If this "full-wave" compensator is in place when the asbestos preparation is inserted into the light train, the colors seen on the fibers are quite different. Gypsum, like asbestos has a fast axis and a slow axis. When a fiber is aligned with its fast axis in the same direction as the fast axis of the gypsum plate, the ray vibrating in the slow direction is retarded by both the asbestos and the gypsum. This results in a higher retardation than would be present for either of the two minerals. The color seen is a second order blue. When the fiber is rotated 90 deg. using the rotating stage, the slow direction of the fiber is now aligned with the fast direction of the gypsum and the fast direction of the fiber is aligned with the slow direction of the gypsum. Thus, one ray vibrates faster in the fast direction of the gypsum, and slower in the slow direction of the fiber; the other ray will vibrate slower in the slow direction of the gypsum and faster in the fast direction of the fiber. In this case, the effect is subtractive and the color seen is a first order yellow. As long as the fiber thickness does not add appreciably to the color, the same basic colors will be seen for all asbestos types except crocidolite. In crocidolite the colors will be weaker, may be in the opposite directions, and will be altered by the blue absorption color natural to crocidolite. Hundreds of other materials will give the same colors as asbestos, and therefore, this test is not definitive for asbestos. The test is useful in discriminating against fiberglass or other amorphous fibers such as some synthetic fibers. Certain synthetic fibers will show retardation colors different than asbestos; however, there are some forms of polyethylene and aramid which will show morphology and retardation colors similar to asbestos minerals. This test must be supplemented with a positive identification test when birefringent fibers are present which cannot be excluded by morphology. This test is relatively ineffective for use on fibers less than 1 m m in diameter. For positive confirmation TEM or SEM should be used if no larger bundles or fibers are visible.
4.6. Dispersion Staining
Dispersion microscopy or dispersion staining is the method of choice for the identification of asbestos in bulk materials. Becke line analysis is used by some laboratories and yields the same results as does dispersion staining for asbestos and can be used in lieu of dispersion staining. Dispersion staining is performed on the same platform as the phase-polar analysis with the analyzer and compensator removed. One polarizing element remains to define the direction of the light so that the different indices of refraction of the fibers may be separately determined. Dispersion microscopy is a dark-field technique when used for asbestos. Particles are imaged with scattered light. Light which is unscattered is blocked from reaching the eye either by the back field image mask in a McCrone objective or a back field image mask in the phase condenser. The most convenient method is to use the rotating phase condenser to move an oversized phase ring into place. The ideal size for this ring is for the central disk to be just larger than the objective entry aperture as viewed in the back focal plane. The larger the disk, the less scattered light reaches the eye. This will have the effect of diminishing the intensity of dispersion color and will shift the actual color seen. The colors seen vary even on microscopes from the same manufacturer. This is due to the different bands of wavelength exclusion by different mask sizes. The mask may either reside in the condenser or in the objective back focal plane. It is imperative that the analyst determine by experimentation with asbestos standards what the appropriate colors should be for each asbestos type. The colors depend also on the temperature of the preparation and the exact chemistry of the asbestos. Therefore, some slight differences from the standards should be allowed. This is not a serious problem for commercial asbestos uses. This technique is used for identification of the indices of refraction for fibers by recognition of color. There is no direct numerical readout of the index of refraction. Correlation of color to actual index of refraction is possible by referral to published conversion tables. This is not necessary for the analysis of asbestos. Recognition of appropriate colors along with the proper morphology are deemed sufficient to identify the commercial asbestos minerals. Other techniques including SEM, TEM, and XRD may be required to provide additional information in order to identify other types of asbestos
Make a preparation in the suspected matching high dispersion oil, e.g., n=1.550 for chrysotile. Perform the preliminary tests to determine whether the fibers are birefringent or not. Take note of the morphological character. Wavy fibers are indicative of chrysotile while long, straight, thin, frayed fibers are indicative of amphibole asbestos. This can aid in the selection of the appropriate matching oil. The microscope is set up and the polarization direction is noted as in Section 4.4. Align a fiber with the polarization direction. Note the color. This is the color parallel to the polarizer. Then rotate the fiber rotating the stage 90 deg. so that the polarization direction is across the fiber. This is the perpendicular position. Again note the color. Both colors must be consistent with standard asbestos minerals in the correct direction for a positive identification of asbestos. If only one of the colors is correct while the other is not, the identification is not positive. If the colors in both directions are bluish-white, the analyst has chosen a matching index oil which is higher than the correct matching oil, e.g. the analyst has used n=1.620 where chrysotile is present. The next lower oil (Section 3.5.) should be used to prepare another specimen. If the color in both directions is yellow-white to straw-yellow-white, this indicates that the index of the oil is lower than the index of the fiber, e.g. the preparation is in n=1.550 while anthophyllite is present. Select the next higher oil (Section 3.5.) and prepare another slide. Continue in this fashion until a positive identification of all asbestos species present has been made or all possible asbestos species have been ruled out by negative results in this test. Certain plant fibers can have similar dispersion colors as asbestos. Take care to note and evaluate the morphology of the fibers or remove the plant fibers in pre-preparation. Coating material on the fibers such as carbonate or vinyl may destroy the dispersion color. Usually, there will be some outcropping of fiber which will show the colors sufficient for identification. When this is not the case, treat the sample as described in Section 3.3. and then perform dispersion staining. Some samples will yield to Becke line analysis if they are coated or electron microscopy can be used for identification.
5. References
5.1. Crane, D.T., Asbestos in Air, OSHA method ID160, Revised November 1992.
5.2. Ford, W.E., Dana's Textbook of Mineralogy; Fourth Ed.; John Wiley and Son, New York, 1950, p. vii.
5.3. Selikoff, I.J., Lee, D.H.K., Asbestos and Disease, Academic Press, New York, 1978, pp. 3,20.
5.4. Women Inspectors of Factories. Annual Report for 1898, H.M. Statistical Office, London, p. 170 (1898).
5.5. Selikoff, I.J., Lee, D.H.K., Asbestos and Disease, Academic Press, New York, 1978, pp. 26,30.
5.6. Campbell, W.J., et al, Selected Silicate Minerals and Their Asbestiform Varieties, United States Department of the Interior, Bureau of Mines, Information Circular 8751, 1977.
5.7. Asbestos, Code of Federal Regulations, 29 CFR 1910.1001 and 29 CFR 1926.58.
5.8. National Emission Standards for Hazardous Air Pollutants; Asbestos NESHAP Revision, Federal Register, Vol. 55, No. 224, 20 November 1990, p. 48410.
5.9. Ross, M. The Asbestos Minerals: Definitions, Description, Modes of Formation, Physical and Chemical Properties and Health Risk to the Mining Community, Nation Bureau of Standards Special Publication, Washington, D.C., 1977.
5.10. Lilis, R., Fibrous Zeolites and Endemic Mesothelioma in Cappadocia, Turkey, J. Occ Medicine, 1981, 23,(8),548-550.
5.11. Occupational Exposure to Asbestos - 1972, U.S. Department of Health Education and Welfare, Public Health Service, Center for Disease Control, National Institute for Occupational Safety and Health, HSM-72-10267.
5.12. Campbell,W.J., et al, Relationship of Mineral Habit to Size Characteristics for Tremolite Fragments and Fibers, United States Department of the Interior, Bureau of Mines, Information Circular 8367, 1979.
5.13. Mefford, D., DCM Laboratory, Denver, private communication, July 1987.
5.14. Deer, W.A., Howie, R.A., Zussman, J., Rock Forming Minerals, Longman, Thetford, UK, 1974.
5.15. Kerr, P.F., Optical Mineralogy; Third Ed. McGraw-Hill, New York, 1959.
5.16. Veblen, D.R. (Ed.), Amphiboles and Other Hydrous Pyriboles - Mineralogy, Reviews in Mineralogy, Vol 9A, Michigan, 1982, pp 1- 102.
5.17. Dixon, W.C., Applications of Optical Microscopy in the Analysis of Asbestos and Quartz, ACS Symposium Series, No. 120, Analytical Techniques in Occupational Health Chemistry, 1979.
5.18. Polarized Light Microscopy, McCrone Research Institute, Chicago, 1976.
5.19. Asbestos Identification, McCrone Research Institute, G & G printers, Chicago, 1987.
5.20. McCrone, W.C., Calculation of Refractive Indices from Dispersion Staining Data, The Microscope, No 37, Chicago, 1989.
5.21. Levadie, B. (Ed.), Asbestos and Other Health Related Silicates, ASTM Technical Publication 834, ASM, Philadelphia 1982.
5.22. Steel, E. and Wylie, A., Riordan, P.H. (Ed.), Mineralogical Characteristics of Asbestos, Geology of Asbestos Deposits, pp. 93-101, SME-AIME, 1981.
5.23. Zussman, J., The Mineralogy of Asbestos, Asbestos: Properties, Applications and Hazards, pp. 45-67 Wiley, 1979.
Note: Authority cited: Section 1 42.3. Labor Code. Reference: Section 142.3, Labor Code.
s 5208.1. Non Asbestiform Tremolite, Anthophyllite, and Actinolite.
This section applies to occupational exposures to non-asbestiform tremolite, anthophyllite, and actinolite.
(a) The 8-hour time weighted average concentration of airborne non-asbestiform tremolite, anthophyllite, and actinolite fibers to which any employee may be exposed shall not exceed 2 fibers, longer than 5 micrometers, per cubic centimeter of air as determined by the membrane filter method using phase contrast illumination and 400 to 450X magnification. The ceiling or short time concentration to which employees are exposed shall not exceed 10 fibers, longer than 5 micrometers, per cubic centimeter of air.
(b) Engineering Controls. Controls such as, but not limited to, isolation, enclosure, exhaust ventilation, and dust collection shall be used to meet the exposure limits in 5208.1(a). All hand-operated and power-operated tools which may produce or release non-asbestiform tremolite, anthophyllite, and actinolite fibers in excess of such limit shall be provided with local exhaust ventilation systems. The American National Standards Institute Z9.2-1971 Standard Governing the Design and Operations of Local Exhaust Systems shall be used to design, construct, install, and maintain exhaust ventilation and dust collection systems in accordance with section 5143.
(c) Work Practices.
(1) Non-asbestiform tremolite, anthophyllite, and actinolite shall be mixed, handled, applied, removed, cut, or otherwise worked wet insofar as practicable.
(2) Non-asbestiform tremolite, anthophyllite, and actinolite spills shall be cleaned up promptly.
(3) Non-asbestiform tremolite, anthophyllite, and actinolite-containing cement, mortar, coating, grout, plastic, or similar material shall not be removed from bags, cartons, or other containers without being wetted, unless it is enclosed and/or ventilated to effectively control airborne fibers as specified in section 5208.1(a).
(4) The spraying of any substance containing any amount of non-asbestiform tremolite, anthophyllite, and actinolite in or upon a building or other structure during its construction, alteration, or repair is prohibited. Exceptions: (A) Exterior and interior coatings and laminating resins containing encapsulated non-asbestiform tremolite, anthophyllite, and actinolite fibers bound within finished product from manufacture through application. (B) Cold process asphalt roof coatings. (C) Substances containing less than one-quarter of 1 percent non-asbestiform tremolite, anthophyllite, and actinolite solely as a result of naturally occurring impurities in the substance or its components.
(5) Non-asbestiform tremolite, anthophyllite, and actinolite waste, scrap, debris, bags, containers, equipment or other non-asbestiform tremolite, anthophyllite, and actinolite-contaminated material consigned for disposal which may produce in any reasonably foreseeable use, handling, storage, processing, disposal, or transportation employee exposure to airborne non-asbestiform tremolite, anthophyllite, and actinolite fibers in excess of the limits prescribed by section 5208.1(a) shall be collected and disposed of in sealed impermeable bags or other closed im-permeable containers which shall be labeled in accordance with section 5208.1(i).
(d) Respiratory Protective Equipment. When engineering controls and wet handling methods are not feasible or are incapable of controlling the concentration or in an emergency, respiratory protection and shall be provided and worn in accordance with provisions of section 5144 and the following requirements:
(1) Reusable or single-use air filtering respirators shall be used when the concentration exceeds the levels specified in section 5208.1(a), but may not be used when the concentration may reasonable be expected to exceed 10 times the limit.
(2) Powered air filtering respirators may be worn for lower concentrations, but shall be worn when the non-asbestiform tremolite, anthophyllite, and actinolite fiber concentration is reasonable expected to exceed 10 times, but not 100 times the limit in section 5208.1(a).
(3) Continuous flow or pressure demand air-line respirators or self-contained breathing apparatus may be worn for lower concentrations, but shall be worn when the non-asbestiform tremolite, anthophyllite, and actinolite fiber concentration is reasonably expected to exceed 100 times the limit in section 5208.1(a).
(4) No employee shall be assigned to tasks requiring the use of respirators if based on his most recent examination an examining physician determines that the employee will be unable to function normally wearing a respirator or that the safety or health of the employee or other employees will be impaired by his use of the respirator. Such employee shall be rotated to an equivalent job whose duties he is able to perform, with the same employer, in the same geographical area and with the same seniority, status, and rate of pay, if such a position is available.
(e) Change Rooms and Special Clothing.
(1) The employer shall provide and require the use of special clothing such as coveralls or similar whole body clothing, head coverings, gloves, and foot coverings for any employee exposed to airborne concentrations of non-asbestiform tremolite, anthophyllite, and actinolite fibers which exceed the ceiling level prescribed in section 5208.1(a).
(2) Any fixed place of employment exposed to airborne concentrations of non-asbestiform tremolite, anthophyllite, and actionlite fibers in excess of exposure limits prescribed in section 5208.1(a), the employer shall provide change rooms for employees working regularly at the place, and shall provide two separate lockers or containers for each employee, so separated or isolated as to prevent contamination of the employees' street clothes from his work clothes.
(f) Laundering.
(1) Laundering of non-asbestiform tremolite, anthophyllite, and actinolite-contaminated clothing shall be done so as to prevent the release of airborne non-asbestiform tremolite, anthophyllite, and actinolite fibers in excess of the exposure limits prescribed in section 5208.1(a).
(2) Any employer who gives non-asbestiform tremolite, anthophyllite, and actinolite-contaminated clothing to another person for laundering shall inform such person of the requirement in section 5208.1 to effectively prevent the release of airborne non-asbestiform tremolite, anthophyllite, and actinolite fibers in excess of the exposure limits prescribed in section 5208.1(a).
(3) Contaminated clothing shall be transported in sealed impermeable bags or other closed, impermeable containers, and labeled in accordance with section 5208.1(i).
(g) Monitoring and Record Keeping.
(1) Monitoring.
(A) The employer shall sample the air and determine the concentration of non-asbestiform tremolite, anthophyllite, and actinolite fibers within the breathing zone of employees whose exposure to non-asbestiform tremolite, anthophyllite, and actinolite fibers may exceed an 8-hour time-weighted average concentration of 0.1 fiber longer than 5 micrometers, per cubic centimeter due to work assignment(s) at or near operations with non- asbestiform tremolite, anthophyllite, and actinolite or non-asbestiform tremolite, anthophyllite, and actinolite-containing products which result in the release of non-asbestiform tremolite, anthophyllite, and actinolite fibers.
(B) Monitoring shall be repeated at least once every 6 months where exposure to airborne non-asbestiform tremolite, anthophyllite, and actinolite may exceed an 8-hour time-weighted average concentration of 0.5 fiber, longer than 5 micrometers, per cubic centimeter or a ceiling concentration of 5 fibers longer than 5 micrometers, per cubic centimeter.
(C) Following any change in control, process, or production method which may alter the concentration of airborne non-asbestiform tremolite, anthophyllite, and actinolite, the employer shall monitor the level of any employee's exposure which may have been affected by such change.
(D) The sampling of airborne non-asbestiform tremolite, anthophyllite, and actinolite shall be performed in a manner which will assure a reasonable accurate determination and shall be made without regard to employee use of respiratory protective equipment.
(E) All determinations of concentrations of airborne non-asbestiform tremolite, anthophyllite, and actinolite fibers shall use the membrane filter method with phase contrast illumination, 400 to 450X magnification. and 4 millimeter objective.
(2) Record Keeping.
(A) The employer shall maintain complete and accurate records of monitoring required by section 5208.1(g)(1).
(B) Monitoring records shall be maintained for at least 30 years.
(C) Monitoring records shall be made available upon request to authorized representatives of the Chief of the Division of Safety and Health, in accordance with section 3204, or the Director of the National Institute for Occupational Safety and Health.
(D) Upon request of an employee, former employee or an employee representative of either, the employer shall provide a copy of the monitoring record of the employee or former employee in accordance with section 3204.
(E) The employer shall comply with the provisions of section 3204 concerning the transfer or disposition of monitoring records.
(h) Caution Signs.
(1) Posting. Caution signs shall be provided and displayed at each location where airborne concentrations of non-asbestiform tremolite, anthophyllite, and actinolite fibers may be in excess of the exposure limits prescribed in section 5208.1(a). Signs shall be posted at such a distance from such a location so that an employee may read the signs and take necessary protective steps before entering the area marked by the signs. Signs shall be posted at all approaches to areas containing excessive concentrations of airborne non-asbestiform tremolite, anthophyllite, and actinolite fibers.
(2) Sign Specifications. The signs required by subsection (h)(1) shall conform to the requirements specified in section 3340(d)(3) of the General Industry Safety Orders and to this subsection. The signs shall display the following legend in the lower panel, with the letter sizes and styles of a visibility at least equal to that specified in this subsection.
Legend Notation
[Mineral Name].......... 1"Sans Serif, Gothic or Block
Dust Hazard............. 3/4"Sans Serif, Gothic or Block
Avoid Breathing Dust.... 1/4"Gothic
Wear Assigned Protective
Equipment.............. 1/4"Gothic
Do Not Remain In Area
Unless Your Work
Requires It............ 1/4"Gothic
Breathing [Mineral Name]
Dust May Be Hazardous
To Your Health......... 14 Point Gothic
Spacing between lines shall be at least equal to the height of the upper of any two lines.
(i) Caution Labels.
(1) Labeling. Caution labels shall be affixed to all raw materials, mixtures, scrap, waste, debris, and other products containing non-asbestiform tremolite, anthophyllite, and actinolite fibers or to their containers. Exceptions: 1. No label is required where non-asbestiform tremolite, anthophyllite, and actinolite fibers have been modified by a bonding agent, coating, binder, or other material so that during any reasonably foreseeable use, handling, storage, disposal, processing, or transportation, no airborne non-asbestiform tremolite, anthophyllite, and actinolite fibers in excess of the exposure limits prescribed in section 5208.1(a) will be released. 2. No label is required for large outdoor storage such as mine ore tailing piles, if properly posted.
(2) Label Specifications. Caution labels required by this subsection shall be conspicuous and legible and shall contain the following or equivalent warning:
CAUTION Contains [Mineral Name] Fibers Avoid Creating Dust Breathing [Mineral
Name] Dust May Cause Serious Bodily Harm
(j) Medical Surveillance.
(1) Medical Examinations. The employer shall provide or make available at no cost to the employee a comprehensive medical examination by a licensed physician in accordance with this subsection for each employee engaged in an occupation where exposure to airborne non-asbestiform tremolite, anthophyllite, and actinolite, without regard to the use of respiratory protective equipment, has been determined to exceed, or may be reasonably expected to exceed, an 8- hour time-weighted average concentration of 0.1 fiber, longer than 5 micrometers, per cubic centimeter.
(A) The examination shall be conducted within 30 calendar days of the employee's initial assignment, thereafter, as required by section 5208.1 (j)(1)(B)1 or (j)(1)(B)2, and within 30 calendar days of termination of employment if an examination has not been performed within the year preceding termination.
(B) The examination shall include, as a minimum, a history to elicit symptomatology of upper and lower respiratory and gastrointestinal diseases, a physical examination of the respiratory and gastrointestinal diseases, a 14- inch by 17-inch posterior-anterior chest X-ray, right and left anterior oblique chest X-rays, pulmonary function tests including forced vital capacity (FVC) and forced expiratory volume at one second (FEV1).
1. For employees less than 40 years of age with less than 10 years since initial occupational exposure to non-asbestiform tremolite, anthophyllite, and actinolite, the medical examination shall be provided every three years after the initial examination and shall include as a minimum a 14-inch by 17-inch posterior-anterior chest X-ray, a physical examination of the respiratory and gastrointestinal systems, and pulmonary function tests including forced vital capacity (FVC) and forced expiratory volume at one second (FEV1).
2. For employees 40 years of age or older or with 10 years or more since initial occupational exposure to non-asbestiform tremolite, anthophyllite, and actinolite, the medical examination, as described in section 5208.1(j)(1)(B), shall be performed annually, except that the oblique X-rays need only be performed every three years. A rectal examination and a stool guaiac test for occult blood shall be performed annually.
(C) The employer shall obtain from the examining physician all the information required by this subsection and any other medical information or diagnosis relevant to occupational exposure to non-asbestiform tremolite, anthophyllite, and actinolite including the physician's opinion as to whether the employee has any detected medical condition which would place the employee at increased risk of material impairment of the employee's health from exposure to non-asbestiform tremolite, anthophyllite, and actinolite.
(2) Recordkeeping.
(A) Complete and accurate records of medical examinations required by this section shall be maintained for each employee.
(B) Medical examination records shall be maintained for at least 30 years.
(C) Records of the medical examinations required by this section shall be provided upon request to employees, designated representatives, and authorized representatives of the Chief of the Division of Occupational Safety and Health in accordance with section 3204. Medical records shall also be provided upon the request of the Director, National Institute for Occupational Safety and Health.
(D) The employer shall comply with the provisions of section 3204 concerning the transfer or disposition of medical records.
(k) Employee Notification. Any employee found to have been exposed to non-asbestiform tremolite, anthophyllite, and actinolite fibers in excess of either the permissible limits prescribed by subsection (a) shall be notified in writing of the exposure within 5 days of the finding. The individuals so exposed shall also be notified of the corrective action in compliance with subsections (b), (c), (d), (e), and (f) being taken by the employer.
(l) Reports of Use. See section 5203.
(m) Transfer of Records.
(1) In the event the employer ceases to do business and there is no successor to receive and retain records in accordance with section 5208.1 and such records shall be transmitted to the Director, National Institute for Occupational Safety and Health, 5600 Fisher Lane, Rockville, Maryland 20852.
(2) Upon the expiration of the retention period prescribed by section 5208.1(g)(2)(B) and (j)(2)(B), the employer shall notify the Director, National Institute for Occupational Safety and Health at least 3 months prior to any planned disposal of the records and shall transfer those records to the Directed if requested within the period.
(n) Employee Information and Training.
(1) Training Program.
(A) Within 60 days of the effective date of this subsection, the employer shall institute a training program for, and assure the participation of all employees exposed to non-asbestiform tremolite, anthophyllite, and actinolite such that medical examination are required pursuant to section 5208.1
(B) Training shall be provided at the time of initial assignment and at least annually thereafter, and the employer shall assure that each employee is informed of the following information in language that he can understand:
1. The nature of all health hazards directly attributable to non-asbestiform tremolite, anthophyllite, and actinolite exposure including carcinogenic hazards.
2. The increased risk of lung cancer associated with smoking cigarettes and non-asbestiform tremolite, anthophyllite, and actinolite exposure.
3. The specific nature of the operations and specific information to aid the employee in recognizing when and where non-asbestiform tremolite, anthophyllite, and actinolite exposure may result.
4. The purpose for and a description of the monitoring program.
5. The purpose for and description of the medical surveillance program.
6. The necessary protective steps to prevent exposure, including engineering controls and safe work practices.
7. Where the employee is required to wear a respirator, the purpose for, proper use and limitations of the respiratory devices.
8. Where protective clothing is required, the purpose for, proper use and limitations of protective devices or clothing.
9. The purpose for and application of housekeeping and personal hygiene practices and procedures to prevent non-asbestiform tremolite, anthophyllite, and actinolite exposure to others.
10. The purpose for, significance of and familiarization with emergency procedures as described in section 5209(l)(3).
11. A review of the provisions of this standard.
(2) Access to Training Materials.
(A) The employer shall make a copy of this standard readily available to all affected employees and their representatives.
(B) All materials relating to the employee information and training program shall be provided, upon request, to authorized representatives of the Chief of the Division of Occupational Safety and Health.
Exception: Employees who are certified as having been trained in an apprenticeship non-asbestiform tremolite, anthophyllite, and actinolite training program meeting all the criteria in section 5208.1(n)(1)(B).Employees who are certified as having been trained in an apprenticeship non-asbestiform tremolite, anthophyllite, and actinolite training program meeting all the criteria in section 5208.1(n)(1)(B).
Note: Authority cited: Sections 142.3, 9020, 9030 and 9040, Labor Code. Reference: Sections 142.3, 9004(b), 9009, 9020, 9030, 9031 and 9040, Labor Code.
s 5209. Carcinogens.
(a) Scope and Application. This section applies to an area in which any of the substances listed below is manufactured, processed, used, repackaged, released, stored or otherwise handled but does not apply to solid or liquid mixtures with a content less than the percent specified below or to
transshipment in sealed containers, except for the labeling requirements under paragraphs (e)(2), (e)(3) and (e)(4) of this section.
Chemical Abstracts
Chemical Registry number Percent
[FNa1]
2-Acetylaminofluorene....................... 53963 1.0
4-Aminodiphenyl............................. 92671 0.1
Benzidine (and its salts)................... 92875 0.1
3,3 ' -Dichlorobenzidine (and its salts).... 91941 1.0
4-Dimethylaminoazobenzene................... 60117 1.0
alpha-Naphthylamine [FNa2].................. 134327 1.0
beta-Naphthylamine [FNa2]................... 91598 0.1
4-Nitrobiphenyl............................. 92933 0.1
N-Nitrosodimethylamine...................... 62759 1.0
beta-Propiolactone.......................... 57578 1.0
bis-Chloromethyl ether...................... 542881 0.1
Methyl chloromethyl ether................... 107302 0.1
Ethyleneimine............................... 151564 1.0
[FNa1] By weight or volume
[FNa]2 This section does not apply to these materials in operations involving
the destructive distillation of carbonaceous materials, such as occurs in
coke ovens.
(b) Definitions.
(1) Absolute Filter. A filter capable of retaining 99.97 percent of a mono disperse aerosol of 0.3 micrometer particles.
(2) Authorized Employee. An employee whose duties require him to be in the regulated area and who has been specifically assigned by the employer.
(3) Chief. The Chief of the Division of Occupational Safety and Health, P.O. Box 420603, San Francisco, California 94142.
(4) Clean Change Room. A room where employees put on clean clothing and/or protective equipment in an environment free of carcinogens. This room shall be contiguous to, and have entry from, a shower room when shower facilities are otherwise required by this section.
(5) Closed System. Any operation involving a carcinogen where containment prevents release into regulated areas, nonregulated areas or the external environment.
(6) Decontamination. The inactivation of a carcinogen or its safe disposal.
(7) Disposal. The safe removal of a carcinogen from the work environment.
(8) Emergency. An unforeseen circumstance or set of circumstances resulting in the release of a carcinogen which may result in exposure to, or contact with, the carcinogen.
(9) External Environment. Any environment external to regulated and nonregulated areas.
(10) Isolated System. A fully enclosed structure, other than the vessel of containment of a carcinogen, which is impervious to the passage of the carcinogen and which would prevent the entry of the carcinogen into regulated areas, nonregulated areas or the external environment should leakage or spillage from the vessel of containment occur.
(11) Laboratory Type Hood. A device enclosed on three sides and the top and bottom, designed and maintained so as to draw air inward at an average linear face velocity of 150 feet per minute with a minimum of 125 feet per minute; designed, constructed and maintained in such a way that an operation involving a carcinogen within the enclosure does not require the insertion of any portion of any employee's body other than hands and arms.
(12) Nonregulated Area. Any area under the control of the employer where entry and exit is neither restricted nor controlled.
(13) Open Vessel System. An operation involving a carcinogen in an open vessel which is not in an isolated system, in a laboratory type hood or in any other system affording equivalent protection against the entry of a carcinogen into regulated areas, nonregulated areas or the external environment.
(14) Protective Clothing. Clothing designed to protect an employee against contact with, or exposure to, a carcinogen.
(15) Regulated Area. An area where entry and exit is restricted and controlled.
(c) Regulated Areas. A regulated area shall be established by an employer where a carcinogen is manufactured, processed, used, released, stored or otherwise handled. All such areas shall be controlled in accordance with the requirements for the following category or categories describing the operation involved:
(1) Isolated Systems. Employees working with a carcinogen within an isolated system such as a "glove box" shall wash their hands and arms upon completion of the assigned task and before engaging in other activities not associated with the isolated system.
(2) Closed System Operations. Within the regulated areas where a carcinogen is stored in sealed containers or is contained in a closed system, including piping systems with any sample ports or openings closed while a carcinogen is contained within:
(A) Access shall be restricted to authorized employees;
(B) With the exception of those cases in which the substance is beta-propiolactone, bis-chloromethyl ether, methyl chloromethyl ether, or ethyleneimine, employees shall be required to wash hands, forearms, face and neck upon each exit from the regulated areas, close to the point of exit, and before engaging in other activities.
(3) Open Vessel System Operations. Open vessel system operations as defined in paragraph (b)(13) of this section are prohibited.
(4) Transfer From a Closed System, Charging or Discharging Point Operations, or Otherwise Opening a Closed System. In operations where a carcinogen is contained in a "closed system" but is transferred, charged or discharged into other normally closed containers, the following provisions shall apply:
(A) Access shall be restricted to authorized employees.
(B) Each operation shall be provided with a "laboratory type hood" or with equivalent continuous local exhaust ventilation so that air movement is always from ordinary work areas to the operation. Exhaust air shall not be discharged to regulated areas, nonregulated areas or the external environment unless decontaminated. Clean makeup air shall be introduced in sufficient volume to maintain the correct operation of the local exhaust system.
(C) Employees shall be provided with, and be required to wear, clean, full body protective clothing (smocks, coveralls or long-sleeved shirts and pants), shoe covers and gloves prior to entering the regulated area. Shoe covers are not required when the substance is bis-chloromethyl ether, methyl chloromethyl ether, or ethyleneimine.
(D) Employees engaged in the handling of carcinogens shall be provided with, and be required to wear and use as minimum protection, a half-face, filter type respirator for dusts, mists and fumes, or air purifying canisters or cartridges. Those employees engaged in the handling of beta-propiolactone, bis-chloromethyl ether, methyl chloromethyl ether, N-nitrosodimethylamine, or ethyleneimine shall be provided with, and be required to wear, a fullface, supplied air respirator of the continuous flow or pressure-demand type. A respirator affording higher levels of protection than these respirators may be substituted.
(E) Prior to each exit from a regulated area, employees shall be required to remove and leave protective clothing and equipment at the point of exit and, at the last exit of the day, to place used clothing and equipment in impervious containers at the point of exit for purposes of subsequent decontamination or disposal. The contents of such impervious containers shall be identified as required under paragraphs (e)(2), (e)(3) and (e)(4) of this section.
(F) Employees shall be required to wash hands, forearms, face and neck on each exit from the regulated area, close to the point of exit, and before engaging in other activities. Exception to this requirement is permitted when the substance is beta-propiolactone, bis-chloromethyl ether, methyl chloromethyl ether, or ethyleneimine.
(G) Employees shall be required to shower after the last exit of the day except in those cases in which the substance is beta-propiolactone, bis-chloromethyl ether, methyl chloromethyl ether, or ethyleneimine.
(H) Drinking fountains are prohibited in the regulated area.
(5) Maintenance and Decontamination Activities. In cleanup of leaks or spills, maintenance or repair operations on contaminated systems or equipment, or any operations involving work in an area where direct contact with a carcinogen could result, each authorized employee entering that area shall:
(A) Be provided with, and be required to wear, clean, impervious garments including gloves, boots and continuous air-supplied hood in accordance with Section 5144.
(B) Be decontaminated before removing the protective garments and hood.
(C) Be required to shower, including washing of the hair, upon removing the protective garments and hood.
(6) Laboratory Activities. The requirements of this paragraph shall apply to research and quality control activities involving the use of a carcinogen.
(A) Mechanical pipetting aids shall be used for all pipetting procedures.
(B) Experiments, procedures and equipment which could produce aerosols shall be confined to laboratory type hoods or glove boxes.
(C) Laboratory work surfaces on which a carcinogen is handled shall be protected from contamination.
(D) Contaminated wastes and animal carcasses shall be collected in impervious containers which are closed and decontaminated prior to removal from the work area. Such wastes and carcasses shall be incinerated in such a manner that no carcinogenic products are released.
(E) All other forms of a carcinogen shall be inactivated prior to disposal.
(F) Laboratory vacuum systems shall be protected with high efficiency scrubbers or with disposable absolute filters except that only high efficiency scrubbers shall be used with beta-propiolactone, bis-chloromethyl ether, methyl chloromethyl ether, or ethyleneimine.
(G) Employees, other than those engaged in animal support activities, shall be provided with, and shall be required to wear, a daily change of clean, protective laboratory clothing, such as a solid-front gown, surgical scrub suit or fully buttoned laboratory coat. The required change of clean, protective clothing for employees engaged in animal support activities shall include coveralls or pants and shirt, foot covers, head covers, gloves, and appropriate protective respiratory equipment or devices.
(H) Prior to each exit from a regulated area, employees shall be required to remove and leave protective clothing and equipment at the point of exit and, at the last exit of the day, to place used clothing and equipment in impervious containers at the point of exit for purposes of decontamination or disposal. Such impervious containers shall be identified as to their contents by labeling according to paragraphs (e)(2), (e)(3) and (e)(4) of this section.
(I) Employees shall be required to wash hands, forearms, face and neck upon each exit from the regulated area, close to the point of exit, and before engaging in other activities.
(J) Employees engaged in animal support activities shall be required to shower, including washing of the hair, after the last exit of the day.
(K) Air pressure in laboratory areas and animal rooms where a carcinogen is handled and bio-assay studies are performed shall be negative in relation to the pressure in surrounding areas. Exhaust air shall not be discharged to regulated areas, nonregulated areas or the external environment unless decontaminated.
(L) There shall be no connection between regulated areas and any other areas through the ventilation system.
(M) A current inventory of carcinogens shall be maintained.
(N) Ventilated apparatus such as laboratory type hoods shall be tested at least semi-annually, or immediately after ventilation modification or maintenance operations, by personnel fully qualified to certify correct containment and operation.
(d) General Regulated Area Requirements.
(1) Emergencies. Specific emergency procedures shall be prescribed and posted. In an emergency, immediate measures including, but not limited to, the requirements of subparagraphs (A), (B), (C), (D) and (E) of this paragraph shall be implemented.
(A) The potentially affected areas shall be evacuated as soon as the emergency has been determined.
(B) Hazardous conditions created by the emergency shall be eliminated and the potentially affected area shall be decontaminated prior to the resumption of normal operations.
(C) Special medical surveillance by a physician shall be instituted within 24 hours for employees present in the potentially affected area at the time of the emergency. A report of the medical surveillance and of any medical treatment shall be included in the incident report, in accordance with paragraph (f)(2) of this section.
(D) Where an employee has a known contact with a carcinogen, such an employee shall be required to shower, including washing of the hair, as soon as possible unless contraindicated by physical injuries.
(E) An incident report on the emergency shall be reported as provided in paragraph (f)(2) of this section.
(F) In operations involving beta-propiolactone, or ethyleneimine, emergency deluge showers and eyewash fountains supplied with running potable water shall be located near, within sight of, and on the same level with locations where a direct exposure would be most likely to occur as a result of equipment failure or improper work practice.
(2) Hygiene Facilities and Practices.
(A) Storage or consumption of food, storage or use of containers of beverages, storage or application of cosmetics, smoking, storage of smoking materials, tobacco products or other products for chewing, or the chewing of such products, are prohibited in regulated areas.
(B) Where employees are required by this section to wash or shower, facilities shall be provided in accordance with Section 3366.
(C) Where employees wear protective clothing and equipment, clean change rooms shall be provided in accordance with Section 3367 for the number of such employees required to change clothes.
(D) Where toilets are in regulated areas, such toilets shall be in a separate room in accordance with Section 3365.
(3) Contamination Control.
(A) Regulated areas, except for outdoor systems, shall be maintained under pressure negative with respect to nonregulated areas. Local exhaust ventilation may be used to satisfy this requirement. Clean makeup air in equal volume shall replace air removed.
(B) Any equipment, material or other item taken into or removed from a regulated area shall be done so in a manner that does not cause contamination in nonregulated areas or the external environment.
(C) Decontamination procedures shall be established and implemented to remove a carcinogen from the surface of materials, equipment and the decontamination facility.
(D) Dry sweeping and dry mopping are prohibited.
(4) Respirator program. The employer must implement a respiratory protection program in accordance with section 5144 (b) through (d) (except (d)(1)(C) and (E), and (d)(3)), and (e) through (m). (continued)