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(continued)
(C) Work operations for which feasible engineering and work practice controls are not yet sufficient to reduce exposure to, or below, the permissible exposure limit.
(D) Emergencies.
(2) Respirator program. The employer must implement a respiratory protection program in accordance with section 5144(b) (except (d)(1)(C)) through (m).
(3) Respirator Selection.
(A) The employer shall select the appropriate respirator or combination of respirators from the following table:


RESPIRATORY PROTECTION FOR COKE
OVEN EMISSIONS
Airborne Concentration of
Coke Oven Emission Required Respirator
1. Concentrations not 1. Any particulate filter
greater than 1.5 milligrams respirator for dust and mist,
per cubic meter except single-use respirator, or
2. Any particulate filter respirator or
combination chemical cartridge and
particulate filter respirator for coke
oven emissions.
2. Concentrations greater 1. A Type C supplied air respirator
than 1.5 milligrams operated in pressure demand or
per cubic meter (but may other positive pressure or continuous
be used at any concentration) flow mode, or
2. A powered air-purifying particulate
filter respirator for dust or mist,or
3. A powered air-purifying particulate
filter respirator or powered
combination chemical cartridge and

particulate filter respirator for coke
oven emissions.


(q) Protective Clothing and Equipment.
(1) Provision and Use. The employer shall provide and assure the use of appropriate protective clothing and equipment, such as, but not limited to:
(A) Flame resistant jacket and pants.
(B) Flame resistant gloves.
(C) Face shields or vented goggles which comply with Section 3382.
(D) Insulation from hot surfaces for footwear.
(E) Safety shoes which comply with Section 3385.
(F) Protective helmets which comply with Section 3381.

(2) Cleaning and Replacement.
(A) Protective clothing required by subparagraphs (q)(1)(A) and (q)(1)(B) which has been wet with coal tar volatiles such that skin contact can occur shall be replaced immediately and cleaned before reissue. Such clothing which is wet with water shall be dried before being reissued, and all such protective clothing shall be cleaned at least weekly.
(B) The employer shall provide for the cleaning, laundering, or disposal of the protective clothing required by subparagraphs (q)(1)(A) and (q)(1)(B).
(C) The employer shall repair or replace the protective clothing and equipment as needed to maintain their effectiveness.
(D) The employer shall assure that all protective clothing is removed at the completion of a work shift and only in change rooms prescribed by paragraph (r)(1).
(E) The employer shall assure that protective clothing which is to be cleaned, laundered, or disposed of, is placed in a closable container in the change room.

(F) The employer shall inform any person who cleans or launders protective clothing of the potentially harmful effects of exposure to coke oven emissions.
(r) Hygiene Facilities and Practices.
(1) Change Rooms. As soon as possible but no later than January 20, 1978, the employer shall provide clean change rooms equipped with storage facilities for street clothes and separate storage facilities for protective clothing and equipment, in accordance with Section 3367(a), whenever employees are required to wear protective clothing and equipment as prescribed by paragraph (q)(1).
(2) Showers.
(A) The employer shall provide shower facilities in accordance with Section 3366(h).
(B) The employer shall assure that employees working in the regulated area shower at the end of the work shift.
(3) Lunchrooms. The employer shall provide lunchroom facilities which have a temperature-controlled, positive-pressure, filtered air supply, are readily accessible to employees working in the regulated area, and conform to the requirements of Section 3368.
(4) Lavatories.
(A) The employer shall provide lavatory facilities conforming to Section 3366, subsections (a) through (g).
(B) The employer shall assure that employees working in the regulated area wash their hands and face prior to eating.
(5) Prohibited Activities. The employer shall assure that, in the regulated area, food or beverages, with the exception of drinking water, are not present or consumed, smoking products are not present or consumed, and cosmetics are not present or applied, except that these activities may be conducted in the lunchrooms and change rooms required under the provisions of this subsection.
(s) Medical Surveillance.
(1) General.

(A) The employer shall provide or make available, at no cost to the employee, medical examinations conforming to the requirements of this subsection for each employee employed in a regulated area for at least 30 days per year.
(B) The employer shall inform any employee who refuses any required medical examination of the possible health consequences of such refusal. Any employee refusing a medical examination shall be requested to sign a statement acknowledging the personal health risk in such refusal.
(C) The employer shall assure that all medical examinations and procedures are performed by, or under the supervision of, a licensed physician.
(2) Initial Examination. At the time of initial assignment to a regulated area or upon the institution of the medical surveillance program, the employer shall provide a medical examination for employees covered under subparagraphs (s)(1)(A) which shall include at least the following elements:
(A) A work history and medical history which shall include smoking history and the presence and degree of respiratory symptoms, such as breathlessness, cough, sputum production, and wheezing.

(B) A 1"x17" posterior-anterior chest X-ray and International Labor Office UICC/Cincinnati (ILO U/C) rating.
(C) Pulmonary function tests including forced vital capacity (FVC) and forced expiratory volume at one second (FEV 1.0) with recording of type of equipment used.
(D) Weight.
(E) A skin examination.
(F) Urinalysis for sugar, albumin, and hematuria.
(G) A sputum cytology examination.
(H) A urinary cytology examination.
(3) Periodic Examination.
(A) The employer shall provide the examination specified by paragraph (s)(2) at least annually for each employee except as prescribed by subparagraph (B) of this paragraph.
(B) The employer shall provide the examination specified by paragraph (s)(2) at least semi-annually for employees 45 years of age or older or with 5 or more years employment in areas which are defined as regulated areas by this section.
(C) Whenever an employee who is 45 years of age or older or with five (5) or more years employment in the regulated area transfers or is transferred from employment in the regulated area, the employer shall continue to provide the examination specified in paragraph (s)(2) at least semi-annually for as long as that employee is employed by the same employer or a successor employer.
(D) Whenever an employee has not taken the examination specified in paragraph (s)(2) within the 6 months preceding the termination of employment, the employer shall provide such examination to the employee upon termination of employment.
(4) Information Provided to the Physician. The employer shall provide the following information to the examining physician:

(A) A copy of this regulation.
(B) A description of the affected employee's duties as they relate to the employee's exposure.
(C) The employee's exposure level or estimated exposure level.
(D) A description of any personal protective equipment used or to be used.
(E) Information from previous medical examinations of the affected employee which is not readily available to the examining physician.
(5) Physician's Written Opinion.
(A) The employer shall obtain a written opinion from the examining physician which shall include:
1. The results of the medical examination.
2. The physician's opinion as to whether the employee has any detected medical conditions which would place the employee at increased risk of material impairment of the employee's health from exposure to coke oven emissions.
3. Any recommended limitations upon the employee's exposure to coke oven emissions or upon the use of protective clothing or equipment such as respirators.
4. A statement that the employee has been informed by the physician of the results of the medical examination and any medical conditions which require further explanation or treatment.
(B) The employer shall instruct the physician not to reveal in the written opinion specific findings or diagnoses unrelated to occupational exposure.
(C) The employer shall provide a copy of the written opinion to the affected employee.
(t) Employee Information and Training.
(1) Training Program.
(A) The employer shall institute a training program for employees who are employed in the regulated area and shall assure their participation.
(B) The training program shall be provided within seven days of the effective date of this section for employees who are employed in the regulated area at that time or at the time of initial assignment to a regulated area.
(C) The training program shall be provided at least annually for all employees who are employed in the regulated area.
(D) The minimum information provided each employee in the training program shall include the following:
1. A review of this standard.
2. The purpose, proper use, and limitations of respiratory protective devices required in accordance with subsection (p).
3. The purpose for and a description of the medical surveillance program required by subsection (s) including information on the occupational safety and health hazards associated with exposure to coke oven emissions.

4. A review of all written procedures required under subsections (i) through (l).
5. A review of the schedules required by Sections 5211(o)(1)(E) and (o)(2).
(2) Access to Training Materials.
(A) The employer shall provide a copy of this standard and a copy of the appendix contained in 29 CFR 1910.1029 to all employees who are employed in the regulated area.
(B) The employer shall provide all materials relating to the employee information and training program upon the request of authorized representatives of either the Chief of the Division of Occupational Safety and Health or the Director of the National Institute for Occupational Safety and Health.
(u) Precautionary Signs and Labels.
(1) General.
(A) The employer may use labels or signs required by other statutes, regulations or ordinances in addition to, or in combination with, signs and labels required by paragraphs (2) and (3) of this subsection.
(B) The employer shall assure that no statement appears on or near any required sign which contradicts or detracts from the effects of the sign.
(C) The employer shall assure that required signs are illuminated and cleaned as necessary so that the legend is readily visible.
(2) Signs.
(A) The employer shall post signs in the regulated area bearing the legends:
DANGER CANCER HAZARD AUTHORIZED PERSONNEL ONLY NO SMOKING OR EATING

(B) In addition, not later than January 20, 1978, the employer shall post signs in the areas where the permissible exposure limit is exceeded bearing the legend:
DANGER RESPIRATOR REQUIRED

(3) Labels. The employer shall apply precautionary labels to all containers of protective clothing contaminated with coke oven emissions bearing the legend:
CAUTION CLOTHING CONTAMINATED WITH COKE EMISSIONS DO NOT REMOVE DUST BY BLOWING
OR SHAKING

(v) Recordkeeping.
(1) Exposure Measurements. The employer shall establish and maintain an accurate record of all measurements taken to monitor employee exposure to coke oven emissions required by subsection (e).
(A) The record shall include the following information:
1. Name, social security number, and job classification of the employees monitored.
2. The date(s), number, duration and results of each of the samples taken including a description of the sampling procedure used to determine representative employee exposure where applicable.

3. The type of respiratory protective devices worn, if any.
4. A description of the sampling and analytical methods used and qualifications of persons performing such tests.
5. The environmental variables that could affect the measurement of employee exposure.
(B) The employer shall maintain the record for at least 40 years or for the duration of employment plus 20 years, whichever is longer.
(2) Medical Surveillance. The employer shall establish and maintain an accurate record for each employee for whom a medical surveillance program is implemented in accordance with subsection (s).
(A) The record shall include:
1. The name, social security number, and description of duties of the employee.
2. A copy of the physician's written opinion.

3. A notation of any refusal to take a medical examination or any signed statement to this effect obtained in accordance with subparagraph (s)(1)(B).
4. Any employee medical complaints related to exposure to coke oven emissions
(B) The employer shall keep, or assure that the examining physical keeps the following medical records:
1. A copy of the medical examination results including medical and work history required under paragraph (s)(2).
2. A description of the laboratory procedures used and a copy of any standards or guidelines used to interpret the test results.
3. The initial X-ray.
4. The X-rays for the most recent 5 years.
5. Any X-ray with a demonstrated abnormality and all subsequent X-rays.
6. The initial cytologic examination slide and written description.

7. The cytologic examination slide and written description for the most recent 10 years.
8. Any cytologic examination slides with demonstrated atypia, if such atypia persists for 3 years, and all subsequent slides and written descriptions.
(C) The employer shall maintain medical records under this paragraph for at least 40 years, or for the duration of employment plus 20 years, whichever is longer.
(3) Availability.
(A) The employer shall make available upon request all records required to be maintained by this section to the Chief of the Division of Occupational Safety and Health or the Director of the National Institute for Occupational Safety and Health, or to authorized representatives of either, for examination and copying.
(B) Employee exposure measurement records and employee medical records 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.
(4) Transfer of Records.
(A) Whenever the employer ceases to do business, the successor employer shall receive and retain all records required to be maintained by this subsection.
(B) Whenever the employer ceases to do business and there is no successor employer to receive and retain the records for the prescribed period, these records shall be transmitted by registered mail to the Director, National Institute for Occupational Safety and Health, U.S. Department of Health and Human Services.
(C) At the expiration of the prescribed retention period for the records required to be maintained under this section, the employer shall either transmit these records to the Director, National Institute for Occupational Safety and Health, or shall continue to retain such records.
(D) The employer shall also comply with any additional requirements involving the transfer of records set forth in Section 3204.
(w) Observation of Monitoring.
(1) Employee Observation. The employer shall provide affected employees or their representative an opportunity to observe any measuring or monitoring of employee exposure to coke oven emissions conducted pursuant to subsection (e).
(2) Observation Procedures.
(A) Whenever observation of the measuring or monitoring of employee exposure to coke oven emissions requires entry into an area where the use of protective clothing or equipment is required, the employer shall provide the observer with, and assure the use of, such equipment and shall require the observer to comply with all other applicable safety and health procedures.
(B) Without interfering with the measurement, observers shall be entitled to:
1. An explanation of the measurement procedures.
2. Observe all steps related to the measurement of coke oven emissions at the place of exposure.

3. Record the results obtained.
(x) Reporting. See section 5203.


Note: Authority cited: Sections 142.3, 9020, 9030 and 9040, Labor Code. Reference: Sections 142.3, 9004(d), 9009, 9020, 9030, 9031 and 9040, Labor Code.






s 5212. 1,2 Dibromo-3-Chloropropane (DBCP).
(a) Scope and Application.
(1) This section establishes requirements for the control of employee exposure to 1,2-dibromo-3-chloropropane (DBCP).

(2) This section applies to the manufacture, reaction, release, packaging, storage, handling, disposal or other use of DBCP except as otherwise provided by this subsection.
(3) This section does not apply to exposures to DBCP which result from the application or use of DBCP as a pesticide. These exposures are governed by the California Department of Health Services for low level DBCP concentrations in water and the California Environmental Protection Agency for direct pesticide application or use.
(4) The storage, transportation, distribution or sale of DBCP in intact containers sealed in such a manner as to prevent the release of DBCP vapor or liquid are subject to the following provisions of this section:
(A) Notification of use and emergencies (subsection (d)).
(B) Emergency requirements (subsection (i)).
(C) Training (subsection (n)).
(D) Labeling requirements (subsection (o)(3)).

(5) The provisions of this section are subject to the requirements of the Occupational Carcinogens Control Act of 1976 (Health and Safety Code, Division 20, Chapter 2).
(b) Definitions
(1) Authorized person. Any employee or other person, specifically authorized by the employer whose duties require access to a regulated area including any employee or employee representative designated to observe the performance of monitoring and measuring procedures pursuant to California Administrative Code, Title 8, Section 340.1.
(2) Chief. The Chief of the Division of Occupational Safety and Health, P.O. Box 420603, San Francisco, California, 94142.
(3) DBCP. 1,2-Dibromo-3-chloropropane, Chemical Abstracts Service Registry Number 96-12-8, and includes all forms of DBCP.
(4) Emergency. Any occurrence such as, but not limited to equipment failure, rupture of containers, or failure of control equipment which may, or does, result in an unexpected release of DBCP.
(c) Permissible Exposure Limit.
(1) Inhalation. The employer shall assure that no employee is exposed to a concentration of airborne DBCP in excess of 1 part DBCP per billion parts of air by volume (ppb) as an 8-hour time-weighted average (TWA).
(2) Dermal and Eye Exposure. The employer shall assure that no employee is exposed to eye or skin contact with DBCP.
(d) Notification of Use and Emergencies. See section 5203.
(e) Regulated Areas.
(1) The employer shall establish, within each place of employment, regulated areas wherever DBCP concentrations are in excess of the permissible exposure limit.
(2) Regulated areas shall be demarcated and segregated from the rest of the workplace in any manner that minimizes the number of persons potentially exposed to airborne DBCP. The posting of regulated areas shall be in conformance with Subsection (o) (2) (A).
(3) Access to regulated areas shall be restricted to authorized persons.
(f) Exposure Monitoring.
(1) General.
(A) Determinations of exposure levels shall be made from air samples that are representative of each employee's exposure to airborne DBCP over an 8-hour period.
(B) For the purpose of this paragraph, employee exposure is that exposure which would occur if the employee were not using a respirator.
(2) Initial.Each employer who has a place of employment in which DBCP is present, shall monitor each workplace and work operation to accurately determine the concentration of airborne DBCP to which employees may be exposed. Such monitoring shall be conducted as soon as possible but not latter than 30 days following the effective date of this section.

(3) Frequency.
(A) If the monitoring required by this section reveals employee exposure to be below the permissible exposure limit, the employer shall repeat these measurements at least quarterly.
(B) If the monitoring required by this section reveals employee exposures to be in excess of the permissible exposure limit, the employer shall repeat these measurements for each such employee at least monthly. The employer shall continue monthly monitoring until at least two consecutive measurements, taken at least seven (7) days apart, are below the permissible exposure limit. Thereafter the employer shall monitor at least quarterly.
(4) Additional.Whenever there has been a production, process, control, or personnel change which may result in any new or additional exposure to DBCP, or whenever the employer has any reason to suspect new or additional exposures to DBCP, the employer shall monitor the employees potentially affected by such change for the purpose of redetermining their exposure. Monitoring shall be conducted as soon as possible but not later than 30 days after the change.

(5) Employee Notification.
(A) Within five (5) working days after the receipt of monitoring results, the employer shall notify each employee in writing of the measurements which represent the employee's exposure.
(B) Whenever the results indicate that employee exposure exceeds the permissible exposure limit, the employer shall include in the written notice a statement that the permissible exposure limit was exceeded and a description of the corrective action being taken to reduce exposure to or below the permissible exposure limit.
(6) Accuracy of Measurement.The employer shall use a method of measurement which has an accuracy, to a confidence level of 95 percent, of not less than plus or minus 25 percent for concentrations of DBCP at or above the permissible exposure limit.
(g) Methods of Compliance.
(1) Priority of Compliance Methods.The employer shall institute engineering and work practice controls to reduce and maintain employee exposures to DBCP at or below the permissible exposure limit, except to the extent that the employer establishes that such controls are not feasible. Where feasible engineering and work practice controls are not sufficient to reduce employee exposures to within the permissible exposure limit, the employer shall nonetheless use them to reduce exposures to the lowest level achievable by these controls, and shall supplement them by use of respiratory protection.
(2) Compliance Program.
(A) The employer shall establish and implement a written program to reduce employee exposures to DBCP to or below the permissible exposure limit solely by means of engineering and work practice controls as required by paragraph (g)(1). The program shall be established within 30 days of the effective date of the Order or within 30 days of the introduction of DBCP into the workplace.
(B) The written program shall include a detailed schedule for development and implementation of the engineering and work practice controls. These plans shall be revised at least every six months to reflect the current status of the program.
(C) Written plans for these compliance programs shall be submitted to the Chief upon request of authorized representatives of the Division of Occupational Safety and Health Administration and shall be available at the worksite for examination and copying by authorized representatives of the Division of Occupational Safety and Health Administration and any affected employee or designated representative of employees.
(D) The employer shall institute and maintain at least the controls described in his most recent written compliance program.
(h) Respirators.
(1) General.For employees who are required to use respirators by this section, the employer must provide respirators that comply with the requirements of this subsection. Respirators must be used during:
(A) Periods necessary to install or implement feasible engineering and work practice controls;
(B) Maintenance and repair activities in which engineering and work practice controls are not feasible;

(C) Work operations for which feasible engineering and work practice controls are not yet sufficient to reduce exposure to or below the permissible exposure limit;
(D) Emergencies.
(2) Respirator program. The employer must implement a respiratory protection program in accordance with section 5144 (b) through (d) (except (d)(1)(C)), and (f) through (m).
(3) Respirator Selection.The employer shall select the appropriate respirator from the following table.

RESPIRATORY PROTECTION FOR DBCP
Concentration of
Airborne
DBCP or Condition Respirator Type
of Use
(A) Not greater 1. Any supplied-air respirator or
than 10 ppb.

2. any self-contained breathing apparatus.
(B) Not greater 1. Any supplied-air respirator with full facepiece, helmet,
than 50 ppb. or hood; or
2. any self-contained breathing apparatus
with full facepiece.
(C) Not greater A Type C supplied-air respirator operated
than 1,000 ppb.
in pressure-demand or other positive
pressure or continuous flow mode.
(D) Not greater A Type C supplied-air respirator with full
than 2,000 ppb.
facepiece operated in pressure-demand
or other positive pressure mode, or with
full facepiece, helmet, or hood operated
in continuous flow mode.
(E) Greater than
2,000 ppb or
entry and escape
from unknown
concentrations. 1. A combination respirator which
includes a Type C supplied-air

respirator with full facepiece operated
in pressure-demand or other positive
pressure or continuous flow mode and
an auxiliary self-contained breathing
apparatus operated in pressure-demand or positive pressure
mode; or
2. a self-contained breathing apparatus
with full facepiece operated in
pressure-demand or other positive
pressure mode.
(F) Firefighting A self-contained breathing apparatus with
full facepiece operated in pressure-
demand or other positive pressure
mode.


(i) Emergencies.Within 15 days of the effective date of this Order, a written plan for emergency situations shall be developed for each workplace where DBCP is present. The plan shall address, as a minimum, the implementation of the requirements of this subsection. Within 45 days of this Order, all elements of the emergency plan shall have been implemented.

(1) Written Procedures.Specific, written procedures prescribing the course of action to be followed in an emergency shall be posted in those areas of the workplace where DBCP is present. The procedure shall be in English and in the predominant language of non-English-speaking employees.
(2) Personal Protective Equipment.The procedure shall require that employees involved in the abatement of an emergency be equipped with specific items of respiratory protective equipment and personal protective clothing appropriate to the emergency conditions.
(3) Emergency Procedure Training.All employees potentially affected by an emergency shall be thoroughly familiarized with the emergency procedure and shall be instructed and rehearsed in the performance of their assigned or potential role in an emergency.
(4) Evacuation.Employees not engaged in correcting the emergency shall be removed and restricted from the area and normal operations in the affected area shall not be resumed until the emergency is abated.
(5) Alerting Employees.Where there is a possibility of employee exposure to DBCP due to the occurrence of an emergency, a general alarm shall be installed and maintained to promptly alert employees of such occurrences.
(6) Medical Surveillance.For any employee exposed to DBCP in an emergency situation, the employer shall provide medical surveillance in accordance with paragraph (m)(6) of this section.
(7) Exposure Monitoring.
(A) Following an emergency, the employer shall conduct monitoring which complies with Subsection (f) of this section.
(B) In workplaces not normally subject to periodic monitoring, the employer may terminate monitoring when two consecutive measurements indicate exposures below the permissible exposure limit.
(j) Protective Clothing and Equipment.
(1) Provision and Use.Where there is any possibility of eye or dermal contact with liquid or solid DBCP, the employer shall provide, at no cost to the employee, and assure that the employee wears impermeable protective clothing and equipment to protect the area of the body which may come in contact with DBCP. Eye and face protection and protective clothing and equipment shall be in compliance with requirements of Article 10.
(2) Removal and Storage.
(A) The employer shall assure that employees remove work clothing only in change rooms provided in accordance with paragraph (l) (1).
(B) The employer shall assure that employees promptly remove any protective clothing and equipment which becomes contaminated with DBCP containing liquids and solids. This clothing shall not be reworn until the DBCP has been removed from the clothing or equipment.
(C) The employer shall assure that no employee takes DBCP-contaminated protective devices and work clothing out of the change room, except those employees authorized to do so for the purpose of laundering, maintenance, or disposal.
(D) DBCP-contaminated protective devices and work clothing shall be placed and stored in closed containers which prevent dispersion of the DBCP outside the container.
(E) Containers of DBCP-contaminated protective devices or work clothing which are to be taken out of change rooms or the workplace for cleaning, maintenance or disposal, shall bear labels in accordance with paragraph (o)(3).
(3) Cleaning and Replacement.
(A) The employer shall clean, launder, repair, or replace protective clothing and equipment required by this paragraph to maintain their effectiveness. The employer shall provide clean protective clothing and equipment at least daily to each affected employee.
(B) The employer shall inform any person who launders or cleans DBCP-contaminated protective clothing or equipment of the potentially harmful effects of exposure to DBCP.
(C) The employer shall prohibit the removal of DBCP from protective clothing and equipment by blowing or shaking.
(k) Housekeeping.

(1) Surfaces.
(A) All workplace surfaces shall be maintained free of visible accumulations of DBCP.
(B) Dry sweeping and the use of compressed air for the cleaning of floors and other surfaces is prohibited where DBCP dust or liquids are present.
(C) Where vacuuming methods are selected to clean floors and other surfaces, either portable units or a permanent system may be used.
1. If a portable unit is selected, the exhaust shall be attached to the general workplace exhaust ventilation system or collected within the vacuum unit, equipped with high efficiency filters or other appropriate means of contaminant removal, so that DBCP is not reintroduced into the workplace air; and
2. Portable vacuum units used to collect DBCP may not be used for other cleaning purposes and shall be labeled as prescribed by paragraph (o)(3) of this section.

(D) Cleaning of floor and other surfaces contaminated with DBCP-containing dusts shall not be performed by washing down with a hose, unless a fine spray has first been laid down.
(2) Liquids. Where DBCP is present in a liquid form, or as a resultant vapor, all containers or vessels containing DBCP shall be enclosed to the maximum extent feasible and tightly covered when not in use.
(3) Waste Disposal. DBCP waste, scrap, debris, containers or equipment, shall be disposed of in sealed bags or other closed containers which prevent dispersion of DBCP outside the container.
(l) Hygiene Facilities and Practices.
(1) Change Rooms. The employer shall provide clean change rooms equipped with storage facilities for street clothes and separate storage facilities for protective clothing and equipment whenever employees are required to wear protective clothing and equipment in accordance with Subsections (h) and (j) of this section. Change rooms shall conform to Section 3367.
(2) Showers.

(A) The employer shall assure that employees working in the regulated area shower at the end of the work shift.
(B) The employer shall assure that employees whose skin becomes contaminated with DBCP-containing liquids or solids immediately wash or shower to remove any DBCP from the skin.
(C) The employer shall provide shower facilities in accordance with Section 3366(h).
(3) Lunchrooms. The employer shall provide lunchroom facilities which have a temperature controlled, positive pressure, filtered air supply, and which are readily accessible to employees working in regulated areas. Section 3368 shall be complied with.
(4) Sanitation.
(A) The employer shall assure that employees working in the regulated area remove protective clothing and wash their hands and face prior to eating.

(B) The employer shall provide a sufficient number of lavatory facilities to comply with Section 3364.
(5) Prohibition of Activities in Regulated Areas. The employer shall assure that, in regulated areas, food or beverages are not present or consumed, smoking products and implements are not present or used, and cosmetics are not present or applied.
(m) Medical Surveillance.
(1) General.
(A) The employer shall make available a medical surveillance program for employees who work in regulated areas and employees who are subjected to DBCP exposures in an emergency situation.
(B) All medical examinations and procedures shall be performed by or under the supervision of a licensed physician, and shall be provided without cost to the employee.
(2) Frequency and Content. At the time of initial assignment, and annually thereafter the employer shall provide a medical examination for employees who work in regulated areas, which includes at least the following:
(A) A medical and occupational history including reproductive history.
(B) A physical examination, including examination of the genito-urinary tract, testicle size, and body habitus, and a determination of sperm count.
(C) If a sperm count cannot be obtained, a serum specimen shall be obtained and the following determinations made by radioimmunoassay techniques utilizing National Institutes of Health (NIH) specific antigen or one of equivalent sensitivity:
1. Serum follicle stimulating hormone (FSH); and
2. Serum luteinizing hormone (LH); and
(D) Serum total estrogen shall be performed by radioimmunoassay on samples from females.
(E) Any other tests deemed appropriate by the examining physician.

(3) Additional Examinations. If the employee for any reason develops signs or symptoms commonly associated with exposure to DBCP, the employer shall provide the employee with a medical examination which shall include those elements considered appropriate by the examining physician.
(4) Information Provided to the Physician. The employer shall provide the following information to the examining physician:
(A) A copy of this regulation and its appendices;
(B) A description of the affected employee's duties as they relate to the employee's exposure;
(C) The level of DBCP to which the employee is exposed; and
(D) A description of any personal protective equipment used or to be used.
(5) Physician's Written Opinion.
(A) For each examination under this section, the employer shall obtain and provide the employee with a written opinion from the examining physician which shall include:
1. The results of the medical tests performed;
2. The physician's opinion as to whether the employee has any detected medical condition which would place the employee at an increased risk of material impairment of health from exposure to DBCP; and
3. Any recommended limitations upon employee's exposure to DBCP or upon the use of protective clothing and equipment such as respirators.
(B) The employer shall instruct the physician not to reveal in the written opinion specific findings or diagnoses unrelated to occupational exposure to DBCP.
(6) Emergency Situations. If the employee is exposed to DBCP in an emergency situation, the employer shall provide the employee with a sperm count test as soon as practicable, or, if the employee has had a vasectomy or is unable to produce a semen specimen, the hormone tests contained in subparagraph (m)(2)(C) of this section. Such tests shall also be provided three months later.
(n) Employee Information and Training.
(1) Training Program.
(A) The employer shall institute a training program for all employees who may be exposed to DBCP and shall assure their participation in such training program. Training shall be performed prior to potential exposure or to allowing employees in a regulated area and at least annually thereafter.
(B) The employer shall assure that each employee is informed of the following:
1. The information contained in Appendix A;
2. The quantity, location, manner of use, release or storage of DBCP and the specific nature of operations which could result in exposure to DBCP as well as any necessary protective steps;
3. The purpose, proper use, and limitations of respirators;
4. The purpose and description of the medical surveillance program required by Subsection (m); and
5. A review of this standard, including appendices.
(C) The employer shall provide a copy of Appendix A of this standard to each operator of a vehicle permitted to transport DBCP off the employer's premises. This copy shall be provided to each such operator prior to loading the vehicle with the DBCP and shall remain in the operator's control for the duration of the shipment.
(2) Access to Training Materials.
(A) The employer shall make a copy of this standard and its appendices readily available to all affected employees.
(B) The employer shall provide all materials relating to the employee information and training program upon request to authorized representatives of the Chief.
(o) Signs and Labels.

(1) General.
(A) The employer may use labels or signs required by other statutes, regulations or ordinances in addition to or in combination with, signs and labels required by this subsection.
(B) The employer shall assure that no statement appears on or near any sign or label required by this subsection which contradicts or detracts from the required sign or label.
(2) Signs. The employer shall post signs to clearly indicate all regulated areas. These signs shall bear the legend:
DANGER 1,2-DIBROMO-3-CHLOROPROPANE (Insert Appropriate Trade or Common Names)
CANCER HAZARD MAY CAUSE STERILITY AUTHORIZED PERSONNEL ONLY RESPIRATOR REQUIRED

(3) Labels.
(A) The employer shall assure that precautionary labels are affixed to all containers of DBCP and of products containing DBCP in the workplace, and that the labels remain affixed when the DBCP or products containing DBCP are sold, distributed, or otherwise leave the employer's workplace. Where DBCP or products containing DBCP are sold, distributed, or otherwise leave the employer's workplace bearing appropriate labels required by the Environmental Protection Agency (EPA) under the regulations in 40 CFR Part 162, the labels required by this paragraph need not be affixed.
(B) The employer shall assure that the precautionary labels required by this paragraph are readily visible and legible. The labels shall bear the following legend:
DANGER 1,2-DIBROMO-3-CHLOROPROPANE CANCER HAZARD MAY CAUSE STERILITY

(p) Recordkeeping.
(1) Exposure Monitoring.
(A) The employer shall establish and maintain an accurate record of all monitoring required by subsection (f) of this Section.
(B) This record shall include:

1. The dates, number, duration and results of each of the samples taken, including a description of the sampling procedure used to determine representative employee exposure;
2. A description of the sampling and analytical methods used;
3. Type of respiratory protective devices worn, if any; and
4. Name, social security number, and job classification of the employee monitored and of all other employees whose exposure the measurement is intended to represent.
(C) The employer shall maintain this record for at least 40 years or the duration of employment plus 20 years, whichever is longer.
(2) Medical Surveillance.
(A) The employer shall establish and maintain an accurate record for each employee subject to medical surveillance required by Subsection (m) of this section.

(B) This record shall include:
1. The name and social security number of the employee;
2. A copy of the physician's written opinion;
3. Any employee medical complaints related to exposure to DBCP;
4. A copy of the information provided the physician as required by subsections (m)(4)(B) through (m)(4)(D) of this Section; and
5. A copy of the employee's medical and work history.
(C) The employer shall maintain this record for at least 40 years or the duration of employment plus 20 years, whichever is longer.
(3) Availability.
(A) The employer shall assure that all records required to be maintained by this section be made available for examination and copying upon the request of authorized representatives of the Chief and the Director, National Institute for Occupational Safety and Health.
(B) Employee exposure monitoring records and employee medical records required by this Section shall be provided upon request to employees, designated representatives, and authorized representatives of the Chief in accordance with Section 3204.
(4) Transfer of Records.
(A) Whenever an employer ceases to do business, all applicable records maintained under the requirements of this section shall be transferred to the successor employer for continued maintenance.
(B) If an employer ceases to do business and there is no successor employer, or whenever the prescribed retention period for a record expires, the record(s) shall be transmitted by registered mail to the Director, National Institute for Occupational Safety and Health, 5600 Fisher Lane, Rockville, MD 20852.
(C) The employer shall also comply with any additional requirements involving the transfer of records set forth in Section 3204.
(q) Observation of Monitoring. During any observation of monitoring by an affected employee or employees or their representative, pursuant to California Administrative Code, Title 8, Section 340.1, the employer shall provide the observer with personal protective clothing or equipment required to be worn by employees working in the area, assure the use of such clothing and equipment, and require the observer to comply with all other applicable safety and health procedures.
(r) Appendices. The information contained in the appendices is not intended, by itself, to create any additional obligations not otherwise imposed by this standard or to detract from any such obligation.


Note: Authority cited: Sections 142.3, 9020, 9030 and 9040, Labor Code. Reference: Sections 142.3, 9004(d), 9009, 9020, 9030, 9031 and 9040, Labor Code.






Appendix A
Substance Safety Data Sheet for DBCP

I. Substance Identification

A. Synonyms and trade names; DBCP; Dibromochloropropane; Fumazone (Dow Chemical Company TM); Nemafume; Nemagon (Shell Chemical Co. TM); Nemaset; BBC 12; and OS 1879. DBCP; Dibromochloropropane; Fumazone (Dow Chemical Company TM); Nemafume; Nemagon (Shell Chemical Co. TM); Nemaset; BBC 12; and OS 1879.
B. Permissible exposure:
1. Airborne.1 part DBCP vapor per billion parts of air (1 ppb); time-weighted average (TWA) for an 8-hour workday.
2. Dermal.Eye contact and skin contact with DBCP are prohibited.
C. Appearance and odor:Technical grade DBCP is a dense yellow or amber liquid with a pungent odor. It may also appear in granular form, or blended in varying concentrations with other liquids.
D. Uses:DBCP is used to control nematodes, very small worm-like plant parasites, on crops including cotton, soybeans, fruits, nuts, vegetables and ornamentals.
II. Health Hazard Data

A. Routes of entry:Employees may be exposed:
1. Through inhalation (breathing);
2. Through ingestion (swallowing);
3. Skin contact; and
4. Eye contact.
B. Effects of exposure:
1. Acute exposure.DBCP may cause drowsiness, irritation of the eyes, nose, throat and skin, nausea and vomiting. In addition, overexposure may cause damage to the lungs, liver or kidneys.
2. Chronic exposure.Prolonged or repeated exposure to DBCP has been shown to cause sterility in humans. It also has been shown to produce cancer and sterility in laboratory animals and has been determined to constitute an increased risk of cancer in man.

3. Reporting signs and symptoms.If you develop any of the above signs or symptoms that you think are caused by exposure to DBCP, you should inform your employer.
III. Emergency First Aid Procedures
A. Eye exposure.If DBCP liquid or dust containing DBCP gets into your eyes, wash your eyes immediately with large amounts of water, lifting the lower and upper lids occasionally. Get medical attention immediately. Contact lenses should not be worn when working with DBCP.
B. Skin exposure.If DBCP liquids or dusts containing DBCP get on your skin, immediately wash using soap or mild detergent and water. If DBCP liquids or dusts containing DBCP penetrate through your clothing, remove the clothing immediately and wash. If irritation is present after washing get medical attention.
C. Breathing.If you or any person breathe in large amounts of DBCP, move the exposed person to fresh air at once. If breathing has stopped, perform artificial respiration. Do not use mouth-to-mouth. Keep the affected person warm and at rest. Get medical attention as soon as possible.
D. Swallowing.When DBCP has been swallowed and the person is conscious, give the person large amounts of water immediately. After the water has been swallowed, try to get the person to vomit by having him touch the back of his throat with his finger. Do not make an unconscious person vomit. Get medical attention immediately.
E. Rescue.Notify someone. Put into effect the established emergency rescue procedures. Know the locations of the emergency rescue equipment before the need arises.
IV. Respirators and Protective Clothing
A. Respirators.You may be required to wear a respirator in emergencies and while your employer is in the process of reducing DBCP exposures through engineering controls. If respirators are worn, they must have a National Institute for Occupational Safety and Health (NIOSH) approval label. (Older respirators may have a Bureau of Mines Approval label). For effective protection, a respirator must fit your face and head snugly. The respirator should not be loosened or removed in work situations where its use is required. DBCP does not have a detectable odor except at 1,000 times or more above the permissible exposure limit. If you can smell DBCP while wearing a respirator, the respirator is not working correctly; go immediately to fresh air. If you experience difficulty breathing while wearing a respirator, tell your employer.
B. Protective clothing.When working with DBCP you must wear for your protection impermeable work clothing provided by your employer. (Standard rubber and neoprene protective clothing do not offer adequate protection).
DBCP must never be allowed to remain on the skin. Clothing and shoes must not be allowed to become contaminated with DBCP, and if they do, they must be promptly removed and not worn again until completely free of DBCP. Turn in impermeable clothing that has developed leaks for repair or replacement.
C. Eye protection.You must wear splash-proof safety goggles where there is any possibility of DBCP liquid or dust contacting your eyes.
V. Precautions For Safe Use, Handling, and Storage
A. DBCP must be stored in tightly closed containers in a cool, well-ventilated area.

B. If your work clothing may have become contaminated with DBCP, or liquids or dusts containing DBCP, you must change into uncontaminated clothing before leaving the work premises.
C. You must promptly remove any protective clothing that becomes contaminated with DBCP. This clothing must not be reworn until the DBCP is removed from the clothing.
D. If your skin becomes contaminated with DBCP, you must immediately and thoroughly wash or shower with soap or mild detergent and water to remove any DBCP from your skin.
E. You must not keep food, beverages, cosmetics, or smoking materials, nor eat or smoke, in regulated areas.
F. If you workin a regulated area, you must wash your hands thoroughly with soap or mild detergent and water, before eating, smoking or using toilet facilities. (continued)