(1) It shall be the responsibility of management to establish,
supervise, and enforce, in a manner which is effective in practice:
(a) A safe and healthful working environment.
(b) An accident prevention program as required by these standards.
(c) Training programs to improve the skill and competency of
all employees in the field of occupational safety and health.
(2) Employees required to handle or use poisons, caustics, and
other harmful substances shall be instructed regarding the safe
handling and use, and be made aware of the potential hazards,
personal hygiene, and personal protective measures required.
(3) In job site areas where harmful plants or animals are present,
employees who may be exposed shall be instructed regarding the
potential hazards, and how to avoid injury, and the first aid
procedures to be used in the event of injury.
(4) Employees required to handle or use flammable liquids, gases,
or toxic materials shall be instructed in the safe handling and
use of these materials and made aware of the specific requirements
contained in Parts B, D, and other applicable parts of this standard.
(6) The employer shall ensure that work assignments place no
employee in a position or location not within ordinary calling
distance of another employee able to render assistance in case
of emergency.
Note: This subsection does not apply to
operators of motor vehicles, watchpersons or other jobs which,
by their nature, are single employee assignments. However, a definite
procedure for checking the welfare of all employees during working
hours should be instituted and all employees so advised.
(7) Each employer shall post and keep posted a notice or notices
(Job Safety and Health Protection - Form F416-081-909) to be furnished
by the department of labor and industries, informing employees
of the protections and obligations provided for in the act and
that for assistance and information, including copies of the act,
and of specific safety and health standards employees should contact
the employer or the nearest office of the department of labor
and industries. Such notice or notices shall be posted by the
employer at each establishment in a conspicuous place or places
where notices to employees are customarily posted. Each employer
shall take steps to assure that such notices are not altered,
defaced, or covered by other material.
(1) Employees shall coordinate and cooperate with all other employees
in an attempt to eliminate accidents.
(2) Employees shall study and observe all safety standards governing
their work.
(3) Employees shall apply the principles of accident prevention
in their daily work and shall use proper safety devices and protective
equipment as required by their employment or employer.
(4) Employees shall properly care for all personal protective
equipment.
(5) Employees shall make a report, on the day of the incident,
to their immediate supervisor, of each industrial injury or occupational
illness, regardless of the degree of severity.
(1) Exemptions. Workers of employers whose primary business is
other than construction, who are engaged solely in maintenance
and repair work, including painting and decorating, are exempt
from the requirement of this section provided:
(a) The maintenance and repair work, including painting and
decorating, is being performed on the employer's premises, or
facility.
(b) The length of the project does not exceed one week.
(c) The employer is in compliance with the requirements of
WAC 296-800-140
Accident prevention program, and WAC
296-800-130, Safety committees and safety meetings.
(2) Each employer shall develop a formal accident-prevention
program, tailored to the needs of the particular plant or operation
and to the type of hazard involved. The department may be contacted
for assistance in developing appropriate programs.
(3) The
following are the minimal program elements for all employers:
A safety orientation program describing the employer's safety
program and including:
(a) How, where, and when to report injuries, including instruction
as to the location of first-aid facilities.
(b) How to report unsafe conditions and practices.
(c) The use and care of required personal protective equipment.
(d) The proper actions to take in event of emergencies including
the routes of exiting from areas during emergencies.
(e) Identification of the hazardous gases, chemicals, or materials
involved along with the instructions on the safe use and emergency
action following accidental exposure.
(f) A description of the employer's total safety program.
(g) An on-the-job review of the practices necessary to perform
the initial job assignments in a safe manner.
(4) Each accident-prevention program shall be outlined in written
format.
(5) Every employer shall conduct crew leader-crew safety meetings
as follows:
(a) Crew Leader-crew safety meetings shall be held at the beginning
of each job, and at least weekly thereafter.
(b) Crew Leader-crew meetings tailored to the particular operation.
(6) Crew leader-crew safety meetings shall address the following:
(a) A review of any walk-around safety inspection conducted
since the last safety meeting.
(b) A review of any citation to assist in correction of hazards.
(c) An evaluation of any accident investigations conducted
since the last meeting to determine if the cause of the unsafe
acts or unsafe conditions involved were properly identified
and corrected.
(d) Attendance shall be documented.
(e) Subjects discussed shall be documented.
Note: Subcontractors and their employees
may, with the permission of the general contractor, elect to fulfill
the requirements of subsection (5)(a) and (b) of this section
by attending the prime contractors crew leader-crew safety meeting.
Any of the requirements of subsections (6)(a), (b), (c), and (7)
of this section not satisfied by the prime contractors safety
meetings shall be the responsibility of the individual employers.
(7) Minutes of each crew leader-crew meeting shall be prepared
and a copy shall be maintained at the location where the majority
of the employees of each construction site report for work each
day.
(8) Minutes of crew leader-crew safety meetings shall be retained
by the employer for at least one year and shall be made available
for review by personnel of the department, upon request.
(9) Every employer shall conduct walk-around safety inspections
as follows:
(a) At the beginning of each job, and at least weekly thereafter,
a walk-around safety inspection shall be conducted jointly by
one member of management and one employee, elected by the employees,
as their authorized representative.
(b) The employer shall document walk-around safety inspections
and such documentation shall be available for inspection by
personnel of the department.
(c) Records of walk-around inspections shall be maintained
by the employer until the completion of the job.
There shall be installed and maintained in every fixed establishment
(the place where employees regularly report to work) employing
eight or more persons, a safety bulletin board sufficient in size
to display and post safety bulletins, newsletters, posters, accident
statistics and other safety educational material.
This section is designed to assure that all employees in this
state are afforded quick and effective first-aid attention in
the event of an on the job injury. To achieve this purpose the
presence of personnel trained in first-aid procedures at or near
those places where employees are working is required. Compliance
with the provisions of this section may require the presence of
more than one first-aid trained person.
(1) Each employer must have available at all worksites, where
a crew is present, a person or persons holding a valid first-aid
certificate.
(2) All crew leaders, supervisors or persons in direct charge
of one or more employees must have a valid first-aid certificate.
(3) For the purposes of this section, a crew means a group of
two or more employees working at any worksite.
Note: The requirement that all crew leaders,
supervisors or person in direct charge of one or more employees
(subsection (3) of this section) applies even if other first-aid
trained person(s) are available. In emergencies, crew leaders
will be permitted to work up to thirty days without having the
required certificate, providing an employee in the crew or another
crew leaders in the immediate work area has the necessary certificate.
(1) The first-aid kits and supplies requirements of the safety
and health core rules, chapter
296-800 WAC, apply within the scope of chapter
296-155 WAC.
(2) All vehicles used to transport work crews must be equipped
with first-aid supplies.
(3) When practical, a poster must be fastened and maintained
either on or in the cover of each first-aid kit and at or near
all phones plainly stating the worksite address or location, and
the phone numbers of emergency medical responders for the worksite.
(4) Requirements of WAC
296-800-15030, Make sure emergency washing facilities are
functional and readily accessible, apply within the scope of chapter
296-155 WAC.
Employers with fifty or more employees per shift at one location
must establish a first-aid station in accordance with the requirements
in chapter 296-800
WAC.
(a) An adequate supply of potable water shall be provided in
all places of employment.
(b) Portable containers used to dispense drinking water shall
be capable of being tightly closed and equipped with a tap.
Water shall not be dipped from containers.
(c) Any container used to distribute drinking water shall be
clearly marked as to the nature of its contents and not used
for any other purpose.
(d) The common drinking cup is prohibited.
(e) Where single service cups (to be used but once) are supplied,
both a sanitary container for the unused cups and a receptacle
for disposing of the used cups shall be provided.
(f) All water containers used to furnish drinking water shall
be thoroughly cleaned at least once each week or more often
as conditions require.
(g) The requirements of this subsection do not apply to mobile
crews or to normally unattended work locations as long as employees
working at these locations have transportation immediately available,
within the normal course of their duties, to nearby facilities
otherwise meeting the requirements of this section.
(h) The following definitions apply:
(i) Mobile crew: A work crew that routinely moves
to a different work location periodically. Normally a mobile
crew is not at the same location all day.
(ii) Normally unattended work location: An unattended
site that is visited occasionally by one or more employees.
(iii) Nearby facility: A sanitary facility that is
within three minutes travel by the transportation provided.
(iv) “Potable water” means water which
meets the quality standards for drinking purposes of state
or local authority having jurisdiction or water that meets
the quality standards prescribed by the United States Environmental
Protection Agency's National Interim Primary Drinking Water
Regulations, published in 40 CFR Part 141, and 40 CFR 147.2400.
(2) Wash water.
(a) Clean, tepid wash water, between 70 and 100 degrees Fahrenheit,
shall be provided at all construction sites.
(b) Individual hand towels shall be provided. Both a sanitary
container for the unused towels and a receptacle for disposal
of used towels shall be provided.
(c) Hand soap, industrial hand cleaner or similar cleansing
agents shall be provided. Cleansing agents shall be adequate
to remove any paints, coatings, herbicides, insecticides or
other contaminants.
(d) The requirements of this subsection do not apply to mobile
crews or to normally unattended work locations as long as employees
working at these locations have transportation immediately available,
within the normal course of their duties, to nearby facilities
otherwise meeting the requirements of this section.
(e) Gasoline or solvents shall not be used for personal cleaning.
(f) Wash water areas will be maintained in a dry condition.
Slipping or other hazards shall be eliminated from the wash
water area before it is acceptable for use.
(3) Nonpotable water.
(a) Outlets for nonpotable water, such as water for industrial
or fire fighting purposes only, shall be identified by signs
meeting the requirements of Part E of this chapter, to indicate
clearly that the water is unsafe and is not to be used for drinking,
washing or cooking purposes.
(b) There shall be no cross-connection, open or potential,
between a system furnishing potable water, a system furnishing
nonpotable water or a system furnishing wash water.
(4) Toilets.
(a) The provisions of this section apply to both portable chemical
toilets and to flush toilets, except where flush toilets are
used the requirements of WAC
296-800-230 shall apply instead of (b) of this subsection.
(b) Accessible toilets shall be provided for employees according
to the following table:
TABLE B-1
Number
of Employees
Toilets
Required
1-10
1
1-25
2
26-40
3
41-60
4
61-80
5
Over 80
one additional
toilet for each additional twenty employees or any fraction
thereof.
(c) When the employer provides both flush and portable chemical
toilets, the number of employees allowed to be served by the
flush toilets, per WAC
296-800-230 will be calculated. That number will be subtracted
from the total number of employees and the employer will be
required to provide an adequate number of portable chemical
toilets for the number of remaining employees, as required by
(b) of this subsection.
(d) Toilets shall be maintained in clean, sanitary and functional
condition. Internal latches shall be provided to secure the
units from inadvertent entry. Where there are twenty or more
employees consisting of both sexes, facilities shall be provided
for each sex.
(i) Each unit shall be properly cleaned on a routine basis.
(ii) Chemicals, toilet tissue and sanitary seat covers shall
be maintained in a supply sufficient for use during the entire
shift.
(iii) Any defective or inadequate unit shall be immediately
removed from service.
(e) Specifications. The following specifications apply:
(i) A noncaustic chemical toilet (portable chemical toilet
is) a self-contained unit equipped with a waste receiving
chemical holding container.
(ii) Portable chemical toilets consisting of only a holding
tank, commonly referred to as “elevator units”
or “elevator toilets” are not acceptable. “Elevator
units” may be used if they are individually located
in a lockable room which affords privacy. When this type unit
is used in a private individual lockable room the entire room
will be considered a toilet facility, as such the room will
meet all requirements of toilet facilities and be inspected
in accordance with subsection (5)(b)(iii) of this section.
(iii) Rooms, buildings or shelters housing toilets shall
be of sound construction, easy to clean, provide shelter and
provide privacy. The toilet rooms shall be ventilated to the
outside and adequately lighted. All openings into the toilet
room shall be covered with 16-mesh screen.
(iv) Toilets shall be serviced on a regular schedule. Servicing
shall include the use of a disinfectant for cleaning urinals
and seats, removing waste from containers, recharging containers
with an odor controlling chemical and installing an adequate
supply of toilet tissue and seat covers.
(v) Service shall be performed in accordance with local codes
by approved servicing organizations. Waste shall be disposed
of or discharged in accordance with requirements of local
health department regulations.
(vi) Waste containers shall be fabricated from impervious
materials, e.g. plastic, steel, fiberglass or their equivalent.
Containers shall be water tight and capable of containing
the chemical waste in a sanitary manner. The container shall
be fitted to the building in a manner so as to prevent insects
from entering from the exterior of the building. Containers
shall be adequate in size to be used by the number of persons,
according to the schedule for minimum requirements, without
filling the container to more than half of its volume before
regularly scheduled servicing.
(vii) Removal of waste shall be handled in a clean and sanitary
manner by means of a vacuum hose and received by a leak-proof
tank truck. All valves on the tank shall be leak-proof.
(viii) Provisions shall be made so service trucks have a
clear approach and convenient access to the toilets to be
serviced.
(ix) Disposal of waste from tank trucks shall be in accordance
with local health department requirements. In the absence
of provisions by local health departments, waste must be disposed
of through municipal or district sanitary sewage systems.
Municipal or area sanitary sewage districts shall provide
sewage disposal locations and facilities which are adequate
and convenient for duly authorized toilet service organizations.
(f) The requirements of this subsection do not apply to mobile
crews or to normally unattended work locations as long as employees
working at these locations have transportation immediately available,
within the normal course of their duties, to nearby facilities
otherwise meeting the requirements of this section.
(5)(a) On multi-employer worksites, the prime contractor shall
ensure that the requirements of this section are met. Each employer
is responsible for seeing that facilities for their own employees
are provided.
(b) Each employer shall ensure, at the beginning of each shift,
that the sanitation facilities required by this section are
inspected. If any facility or unit fails to meet the following
requirements, immediate corrective action shall be taken. Such
action shall be documented and maintained at the site for at
least 72 hours. Inspection shall establish:
(i) Potable water: Sufficient supply of water, sufficient
supply of cups, container integrity, cleanliness of unit and
area, capacity of trash receptacle (empty).
(ii) Wash water: Sufficient supply of clean water, proper
temperature, sufficient supply of towels, sufficient supply
of cleansing agents, container integrity, cleanliness of unit
and area without the presence of physical hazards, capacity
of trash receptacle (empty).
(iii) Toilets: Sufficient supply of toilet tissue and sanitary
seat covers, capacity and condition of chemical agent, capacity
and condition of holding tank, cleanliness of unit and area
without the presence of physical hazards, physical and structural
condition of unit, condition of lock, condition of toilet
seat and tissue holder, absence of all foreign debris.
(c) The location of the facilities required by subsections
(1), (2) and (4) of this section shall be as close as practical
to the highest concentration of employees.
(i) On multistory structures they shall be furnished on every
third floor.
(ii) At all sites they shall be located within 200 feet horizontally
of all employees.
(iii) The requirements of subsection (5)(c)(i) and (ii) do
not apply to mobile crews or to normally unattended work locations
as long as employees working at these locations have transportation
immediately available, within the normal course of their duties,
to nearby facilities otherwise meeting the requirements of
this section.
(6) Food handling. All employees' food service facilities and
operations shall meet the applicable laws, ordinances and regulations
of the jurisdictions in which they are located.
(7) Temporary sleeping quarters. When temporary sleeping quarters
are provided, they shall be heated, ventilated and lighted.
(1) In construction and related activities involving the use
of sources of ionizing radiation, the pertinent provisions of
the Nuclear Regulatory Commission's Standards for Protection Against
Radiation, relating to protection against occupational radiation
exposure, shall apply.
(2) Any activity which involves the use of radioactive material
or x-ray, whether or not under license from the Nuclear Regulatory
Commission, shall be performed by competent persons specially
trained in the proper and safe operation of such equipment. In
the case of materials used under commission license, only persons
actually licensed, or competent persons under direction and supervision
of the licensee shall perform such work.
(1) Only qualified and trained employees shall be assigned to
install, adjust, and operate laser equipment.
(2) Proof of qualification of the laser equipment operator shall
be available and in possession of operator at all times.
(3) Employees, when working in areas in which a potentially hazardous
exposure (see WAC
296-62-09005(4)) to direct or reflected laser radiation exists,
shall be provided with antilaser eye protection devices specified
in Part C of this chapter.
(4) Areas in which Class II and III lasers are used shall be
posted with standard laser warning placards.
(5) Beam shutters or caps shall be utilized, or the laser turned
off, when laser transmission is not actually required. When the
laser is left unattended for a substantial period of time, such
as during lunch hour, overnight, or at change of shifts, the laser
shall be turned off.
(6) Only mechanical or electronic means shall be used as a detector
for guiding the internal alignment of the laser.
(7) The laser beam shall not be directed at employees.
(8) When it is raining or snowing, or when there is dust or fog
in the air, and it is impracticable to cease laser system operation,
employees shall be kept out of range of the area of source and
target during such weather conditions.
(9) Laser equipment shall bear a conspicuously displayed label
to indicate hazard classification. This label shall be prepared
in accordance with 21 CFR 1040.10.
(10) Only Class I, II, or III laser equipment shall be used.
Class IV laser equipment shall not be used.
(11) Laser unit in operation shall be set up above the heads
of the employees, when possible.
(12) Employees shall not be exposed to radio frequency/microwave
radiation in excess of the permissible exposure limits specified
in WAC
296-62-09005.
(1) Exposure of employees to inhalation, ingestion, skin absorption,
or contact with any material or substance at a concentration above
those specified in chapter 296-841
WAC shall be avoided.
(2) To achieve compliance with subsection (1) of this section,
administrative or engineering controls must first be implemented
whenever feasible. When such controls are not feasible to achieve
full compliance, protective equipment or other protective measures
shall be used to keep the exposure of employees to air contaminants
within the limits prescribed in chapter
296-841 WAC. Any equipment and technical measures used for
this purpose must first be approved for each particular use by
a competent industrial hygienist or other technically qualified
person. Whenever respirators are used, their use shall comply
with WAC
296-155-220.
(3) Whenever internal combustion equipment exhausts in enclosed
spaces, tests shall be made and recorded to ensure that employees
are not exposed to unsafe concentrations of toxic gases or oxygen
deficient atmospheres. See chapter
296-62 WAC, the general occupational health standards and
chapter
296-841 WAC, Identifying and controlling respiratory hazards.
(4) Whenever any employee is exposed to asbestos, the provisions
of the general occupational health standards, chapter
296-62 WAC shall apply.
(5) Subsections (1) and (2) of this section do not apply to the
exposure of employees to formaldehyde. Whenever any employee is
exposed to formaldehyde, the requirements of chapter
296-856 WAC shall apply.
(1) General. Whenever hazardous substances such as dusts, fumes,
mists, vapors, or gases exist or are produced in the course of
construction work, their concentrations shall not exceed the limits
specified in WAC
296-155-160(1). When ventilation is used as an engineering
control method, the system shall be installed and operated according
to the requirements of this section.
(2) Local exhaust ventilation. Local exhaust ventilation when
used as described in (1) shall be designed to prevent dispersion
into the air of dusts, fumes, mists, vapors, and gases in concentrations
causing harmful exposure. Such exhaust systems shall be so designed
that dusts, fumes, mists, vapors, or gases are not drawn through
the work area of employees.
(3) Design and operation. Exhaust fans, jets, ducts, hoods, separators,
and all necessary appurtenances, including refuse receptacles,
shall be so designed, constructed, maintained and operated as
to ensure the required protection by maintaining a volume and
velocity of exhaust air sufficient to gather dusts, fumes, vapors,
or gases from said equipment or process, and to convey them to
suitable points of safe disposal, thereby preventing their dispersion
in harmful quantities into the atmosphere where employees work.
(4) Duration of operations.
(a) The exhaust system shall be in operation continually during
all operations which it is designed to serve. If the employee
remains in the contaminated zone, the system shall continue
to operate after the cessation of said operations, the length
of time to depend upon the individual circumstances and effectiveness
of the general ventilation system.
(b) Since dust capable of causing disability is, according
to the best medical opinion, of microscopic size, tending to
remain for hours in suspension in still air, it is essential
that the exhaust system be continued in operation for a time
after the work process or equipment served by the same shall
have ceased, in order to ensure the removal of the harmful elements
to the required extent.
Note: For the same reason, employees wearing
respiratory equipment should not remove same immediately until
a clear atmosphere has been established.
(5) Disposal of exhaust materials. The air outlet from every
dust separator, and the dusts, fumes, mists, vapors, or gases
collected by an exhaust or ventilating system shall discharge
to the outside atmosphere. Collecting systems which return air
to work area may be used if concentrations which accumulate in
the work area air do not result in harmful exposure to employees.
Dust and refuse discharged from an exhaust system shall be disposed
of in such a manner that it will not result in harmful exposure
to employees.
(1) This section applies to all construction work as defined
in WAC
296-155-005, in which there is exposure to MDA, including
but not limited to the following:
(a) Construction, alteration, repair, maintenance, or renovation
of structures, substrates, or portions thereof, that contain
MDA;
(b) Installation or the finishing of surfaces with products
containing MDA;
(c) MDA spill/emergency cleanup at construction sites; and
(d) Transportation, disposal, storage, or containment of MDA
or products containing MDA on the site or location at which
construction activities are performed.
(2) Except as provided in subsection (7) of this section and
WAC
296-155-17311(5), this standard does not apply to the processing,
use, and handling of products containing MDA where initial monitoring
indicates that the product is not capable of releasing MDA in
excess of the action level under the expected conditions of processing,
use, and handling which will cause the greatest possible release;
and where no “dermal exposure to MDA” can occur.
(3) Except as provided in subsection (7) of this section, this
standard does not apply to the processing, use, and handling of
products containing MDA where objective data are reasonably relied
upon which demonstrate the product is not capable of releasing
MDA under the expected conditions of processing, use, and handling
which will cause the greatest possible release; and where no “dermal
exposure to MDA” can occur.
(4) Except as provided in subsection (7) of this section, this
standard does not apply to the storage, transportation, distribution,
or sale of MDA in intact containers sealed in such a manner as
to contain the MDA dusts, vapors, or liquids, except for the provisions
of WAC 296-62-054 and 296-155-17309.
(5) Except as provided in subsection (7) of this section, this
standard does not apply to materials in any form which contain
less than 0.1% MDA by weight or volume.
(6) Except as provided in subsection (7) of this section, this
standard does not apply to “finished articles containing
MDA.”
(7) Where products containing MDA are exempted under subsections
(2) and (6) of this section, the employer shall maintain records
of the initial monitoring results or objective data supporting
that exemption and the basis for the employer's reliance on the
data, as provided in the recordkeeping provision of WAC
296-155-17331.
For the purpose of this standard, the following definitions
shall apply:
(1) “Action level” means a concentration
of airborne MDA of 5 ppb as an 8-hour time-weighted average.
(2) “Authorized person” means any person
specifically authorized by the employer whose duties require the
person to enter a regulated area, or any person entering such
an area as a designated representative of employees for the purpose
of exercising the right to observe monitoring and measuring procedures
under WAC
296-155-17333, or any other person authorized by the act or
regulations issued under the act.
(3) “Container” means any barrel, bottle,
can, cylinder, drum, reaction vessel, storage tank, commercial
packaging, or the like, but does not include piping systems.
(4) “Decontamination area” means an area
outside of, but as near as practical to, the regulated area, consisting
of an equipment storage area, wash area, and clean change area,
which is used for the decontamination of workers, materials, and
equipment contaminated with MDA.
(5) “Dermal exposure to MDA” occurs where
employees are engaged in the handling, application, or use of
mixtures or materials containing MDA, with any of the following
nonairborne forms of MDA:
(a) Liquid, powdered, granular, or flaked mixtures containing
MDA in concentrations greater than 0.1% by weight or volume;
and
(b) Materials other than “finished articles” containing
MDA in concentrations greater than 0.1% by weight or volume.
(6) “Director” means the director of the
department of labor and industries.
(7) “Emergency” means any occurrence such
as, but not limited to, equipment failure, rupture of containers,
or failure of control equipment which results in an unexpected
and potentially hazardous release of MDA.
(8) “Employee exposure” means exposure to
MDA which would occur if the employee were not using respirators
or protective work clothing and equipment.
(9) “Finished article containing MDA” is
defined as a manufactured item:
(a) Which is formed to a specific shape or design during manufacture;
(b) Which has end use function(s) dependent in whole or part
upon its shape or design during end use; and
(c) Where applicable, is an item which is fully cured by virtue
of having been subjected to the conditions (temperature, time)
necessary to complete the desired chemical reaction.
(10) “Historical monitoring data” means monitoring
data for construction jobs that meet the following conditions:
(a) The data upon which judgments are based are scientifically
sound and were collected using methods that are sufficiently
accurate and precise;
(b) The processes and work practices that were in use when
the historical monitoring data were obtained are essentially
the same as those to be used during the job for which initial
monitoring will not be performed;
(c) The characteristics of the MDA-containing material being
handled when the historical monitoring data were obtained are
the same as those on the job for which initial monitoring will
not be performed;
(d) Environmental conditions prevailing when the historical
monitoring data were obtained are the same as those on the job
for which initial monitoring will not be performed; and
(e) Other data relevant to the operations, materials, processing,
or employee exposures covered by the exception are substantially
similar. The data must be scientifically sound, the characteristics
of the MDA containing material must be similar, and the environmental
conditions comparable.
(11) “4,4' methylenedianiline” or “MDA”
means the chemical 4,4'-diaminodiphenylmethane, Chemical Abstract
Service Registry Number 101-77-9, in the form of a vapor, liquid,
or solid. The definition also includes the salts of MDA.
(12) “Regulated areas” means areas where
airborne concentrations of MDA exceed or can reasonably be expected
to exceed, the permissible exposure limits, or where “dermal
exposure to MDA” can occur.
(13) “STEL” means short-term exposure limit
as determined by any 15-minute sample period.
The employer shall assure that no employee is exposed to an
airborne concentration of MDA in excess of ten parts per billion
(10 ppb) as an 8-hour time-weighted average and a STEL of one
hundred parts per billion (100 ppb).
On multi-employer worksites, an employer performing work involving
the application of MDA or materials containing MDA for which establishment
of one or more regulated areas is required shall inform other
employers on the site of the nature of the employer's work with
MDA and of the existence of, and requirements pertaining to, regulated
areas.
(a) A written plan for emergency situations shall be developed
for each construction operation where there is a possibility
of an emergency. The plan shall include procedures where the
employer identifies emergency escape routes for her or his employees
at each construction site before the construction operation
begins. Appropriate portions of the plan shall be implemented
in the event of an emergency.
(b) The plan shall specifically provide that employees engaged
in correcting emergency conditions shall be equipped with the
appropriate personal protective equipment and clothing as required
in WAC
296-155-17317 and 296-155-17319
until the emergency is abated.
(c) The plan shall specifically include provisions for alerting
and evacuating affected employees as well as the applicable
elements prescribed in WAC
296-24-567, “Employee emergency plans and fire prevention
plans.”
(2) Alerting employees. Where there is the possibility of employee
exposure to MDA due to an emergency, means shall be developed
to promptly alert employees who have the potential to be directly
exposed. Affected employees not engaged in correcting emergency
conditions shall be evacuated immediately in the event that an
emergency occurs. Means shall also be developed for alerting other
employees who may be exposed as a result of the emergency.
(a) Determinations of employee exposure shall be made from
breathing zone air samples that are representative of each employee's
exposure to airborne MDA over an 8-hour period. Determination
of employee exposure to the STEL shall be made from breathing
zone air samples collected over a 15 minute sampling period.
(b) Representative employee exposure shall be determined on
the basis of one or more samples representing full shift exposure
for each shift for each job classification in each work area
where exposure to MDA may occur.
(c) Where the employer can document that exposure levels are
equivalent for similar operations in different work shifts,
the employer shall only be required to determine representative
employee exposure for that operation during one shift.
(2) Initial monitoring. Each employer who has a workplace or
work operation covered by this standard shall perform initial
monitoring to determine accurately the airborne concentrations
of MDA to which employees may be exposed unless:
(a) The employer can demonstrate, on the basis of objective
data, that the MDA-containing product or material being handled
cannot cause exposures above the standard's action level, even
under worst-case release conditions; or
(b) The employer has historical monitoring or other data demonstrating
that exposures on a particular job will be below the action
level.
(3) Periodic monitoring and monitoring frequency.
(a) If the monitoring required by subsection (2)(b) of this
section reveals employee exposure at or above the action level,
but at or below the PELs, the employer shall repeat such monitoring
for each such employee at least every 6 months.
(b) If the monitoring required by subsection (2)(b) of this
section reveals employee exposure above the PELs, the employer
shall repeat such monitoring for each such employee at least
every 3 months.
(c) Employers who are conducting MDA operations within a regulated
area can forego periodic monitoring if the employees are all
wearing supplied-air respirators while working in the regulated
area.
(d) The employer may alter the monitoring schedule from every
three months to every six months for any employee for whom two
consecutive measurements taken at least 7 days apart indicate
that the employee exposure has decreased to below the PELs but
above the action level.
(4) Termination of monitoring.
(a) If the initial monitoring required by subsection (2)(b)
of this section reveals employee exposure to be below the action
level, the employer may discontinue the monitoring for that
employee, except as otherwise required by subsection (5) of
this section.
(b) If the periodic monitoring required by subsection (3) of
this section reveals that employee exposures, as indicated by
at least two consecutive measurements taken at least 7 days
apart, are below the action level the employer may discontinue
the monitoring for that employee, except as otherwise required
by subsection (5) of this section.
(5) Additional monitoring. The employer shall institute the exposure
monitoring required under subsections (2)(b) and (c) of this section
when there has been a change in production process, chemicals
present, control equipment, personnel, or work practices which
may result in new or additional exposures to MDA, or when the
employer has any reason to suspect a change which may result in
new or additional exposures.
(6) Accuracy of monitoring. Monitoring shall be accurate, to
a confidence level of 95 percent, to within plus or minus 25 percent
for airborne concentrations of MDA.
(7) Employee notification of monitoring results.
(a) The employer shall, as soon as possible but no later than
5 working days after the receipt of the results of any monitoring
performed under this standard, notify each employee of these
results, in writing, either individually or by posting of results
in an appropriate location that is accessible to affected employees.
(b) The written notification required by subdivision (a) of
this subsection shall contain the corrective action being taken
by the employer or any other protective measures which have
been implemented to reduce the employee exposure to or below
the PELs, wherever the PELs are exceeded.
(8) Visual monitoring. The employer shall make routine inspections
of employee hands, face, and forearms potentially exposed to MDA.
Other potential dermal exposures reported by the employee must
be referred to the appropriate medical personnel for observation.
If the employer determines that the employee has been exposed
to MDA the employer shall:
(a) Determine the source of exposure;
(b) Implement protective measures to correct the hazard; and
(c) Maintain records of the corrective actions in accordance
with WAC
296-155-17327.
(a) Airborne exposures. The employer shall establish regulated
areas where airborne concentrations of MDA exceed, or can reasonably
be expected to exceed, the permissible exposure limits.
(b) Dermal exposures. Where employees are subject to “dermal
exposure to MDA” the employer shall establish those work
areas as regulated areas.
(2) Demarcation. Regulated areas shall be demarcated from the
rest of the workplace in a manner that minimizes the number of
persons potentially exposed.
(3) Access. Access to regulated areas shall be limited to authorized
persons.
(4) Personal protective equipment and clothing. Each person entering
a regulated area shall be supplied with, and required to use,
the appropriate personal protective clothing and equipment in
accordance with WAC
296-155-17317 and 296-155-17319.
(5) Prohibited activities. The employer shall ensure that employees
do not eat, drink, smoke, chew tobacco or gum, or apply cosmetics
in regulated areas.
(1) Engineering controls and work practices and respirators.
(a) The employer shall use one or any combination of the following
control methods to achieve compliance with the permissible exposure
limits prescribed by WAC
296-155-17317.
(i) Local exhaust ventilation equipped with HEPA filter dust
collection systems;
(ii) General ventilation systems;
(iii) Use of work practices; or
(iv) Other engineering controls such as isolation and enclosure
that the director can show to be feasible.
(b) Wherever the feasible engineering controls and work practices
which can be instituted are not sufficient to reduce employee
exposure to or below the PELs, the employer shall use them to
reduce employee exposure to the lowest levels achievable by
these controls and shall supplement them by the use of respiratory
protective devices which comply with the requirements of WAC
296-155-17317.
(2) Special provisions. For workers engaged in spray application
methods, respiratory protection must be used in addition to feasible
engineering controls and work practices to reduce employee exposure
to or below the PELs.
(3) Prohibitions. Compressed air shall not be used to remove
MDA unless the compressed air is used in conjunction with an enclosed
ventilation system designed to capture the dust cloud created
by the compressed air.
(4) Employee rotation. The employer shall not use employee rotation
as a means of compliance with the exposure limits prescribed in
WAC
296-155-17305.
(5) Compliance program.
(a) The employer shall establish and implement a written program
to reduce employee exposure to or below the PELs by means of
engineering and work practice controls, as required by subsection
(1) of this section, and by use of respiratory protection where
permitted under this section.
(b) Upon request this written program shall be furnished for
examination and copying to the director, affected employees,
and designated employee representatives. The employer shall
review and, as necessary, update such plans at least once every
12 months to make certain they reflect the current status of
the program.
(1) General. For employees who use respirators required by this
section, the employer must provide respirators that comply with
the requirements of this section. Respirators must be used during:
(a) Periods necessary to install or implement feasible engineering
and work-practice controls.
(b) Work operations, such as maintenance and repair activities
and spray application processes, for which engineering and work-practice
controls are not feasible.
(c) Work operations for which feasible engineering and work-practice
controls are not yet sufficient to reduce employee exposure
to or below the PELs.
(d) Emergencies.
(2) Respirator program. The employer must develop, implement
a respiratory protection program as required by chapter
296-842 WAC, Respirators.
(3) Respirator selection.
(a) The employer must select and provide to employees appropriate
respirators as specified in this section and WAC 296-842-13005
in the respirator rule.
(b) An employee who can't use a negative-pressure respirator
must be given the option of using a positive-pressure respirator,
or a supplied-air respirator operated in the continuous-flow
or pressure-demand mode.
(c) Provide HEPA filters or N-, R-, or P-100 filters for powered
air-purifying respirators (PAPRs) and negative-pressure air-purifying
respirators.
(d) Provide to employees, for escape, one of the following
respirator options:
(i) Any self-contained breathing apparatus with a full-facepiece
or hood, operated in the positive-pressure or continuous-flow
mode.
(1) Provision and use. Where employees are subject to dermal
exposure to MDA, where liquids containing MDA can be splashed
into the eyes, or where airborne concentrations of MDA are in
excess of the PEL, the employer shall provide, at no cost to the
employee, and ensure that the employee uses, appropriate protective
work clothing and equipment which prevent contact with MDA such
as, but not limited to:
(a) Aprons, coveralls, or other full-body work clothing;
(b) Gloves, head coverings, and foot coverings; and
(c) Face shields, chemical goggles; or
(d) Other appropriate protective equipment which comply with
WAC 296-24-078.
(2) Removal and storage.
(a) The employer shall ensure that, at the end of their work
shift, employees remove MDA-contaminated protective work clothing
and equipment that is not routinely removed throughout the day
in change areas provided in accordance with the provisions in
WAC
296-155-17321.
(b) The employer shall ensure that, during their work shift,
employees remove all other MDA-contaminated protective work
clothing or equipment before leaving a regulated area.
(c) The employer shall ensure that no employee takes MDA-contaminated
work clothing or equipment out of the decontamination areas,
except those employees authorized to do so for the purpose of
laundering, maintenance, or disposal.
(d) MDA-contaminated work clothing or equipment shall be placed
and stored and transported in sealed, impermeable bags, or other
closed impermeable containers.
(e) Containers of MDA-contaminated protective work clothing
or equipment which are to be taken out of decontamination areas
or the workplace for cleaning, maintenance, or disposal, shall
bear labels warning of the hazards of MDA.
(3) Cleaning and replacement.
(a) The employer shall provide the employee with clean protective
clothing and equipment. The employer shall ensure that protective
work clothing or equipment required by this section is cleaned,
laundered, repaired, or replaced at intervals appropriate to
maintain its effectiveness.
(b) The employer shall prohibit the removal of MDA from protective
work clothing or equipment by blowing, shaking, or any methods
which allow MDA to reenter the workplace.
(c) The employer shall ensure that laundering of MDA-contaminated
clothing shall be done so as to prevent the release of MDA in
the workplace.
(d) Any employer who gives MDA-contaminated clothing to another
person for laundering shall inform such person of the requirement
to prevent the release of MDA.
(e) The employer shall inform any person who launders or cleans
protective clothing or equipment contaminated with MDA of the
potentially harmful effects of exposure.
(4) Visual examination.
(a) The employer shall ensure that employees' work clothing
is examined periodically for rips or tears that may occur during
performance of work.
(b) When rips or tears are detected, the protective equipment
or clothing shall be repaired and replaced immediately.
(a) The employer shall provide decontamination areas for employees
required to work in regulated areas or required by WAC
296-155-17319 to wear protective clothing. Exception: In
lieu of the decontamination area requirement specified in this
subsection, the employer may permit employees engaged in small
scale, short duration operations, to clean their protective
clothing or dispose of the protective clothing before such employees
leave the area where the work was performed.
(b) Change areas. The employer shall ensure that change areas
are equipped with separate storage facilities for protective
clothing and street clothing, in accordance with WAC 296-24-12011.
(c) Equipment area. The equipment area shall be supplied with
impermeable, labeled bags and containers for the containment
and disposal of contaminated protective clothing and equipment.
(2) Shower area.
(a) Where feasible, shower facilities shall be provided which
comply with WAC 296-24-12010 wherever the possibility of employee
exposure to airborne levels of MDA in excess of the permissible
exposure limit exists.
(b) Where dermal exposure to MDA occurs, the employer shall
ensure that materials spilled or deposited on the skin are removed
as soon as possible by methods which do not facilitate the dermal
absorption of MDA.
(3) Lunch areas.
(a) Whenever food or beverages are consumed at the worksite
and employees are exposed to MDA the employer shall provide
clean lunch areas were MDA levels are below the action level
and where no dermal exposure to MDA can occur.
(b) The employer shall ensure that employees wash their hands
and faces with soap and water prior to eating, drinking, smoking,
or applying cosmetics.
(c) The employer shall ensure that employees do not enter lunch
facilities with contaminated protective work clothing or equipment.
(a) The employer shall post and maintain legible signs demarcating
regulated areas and entrances or accessways to regulated areas
that bear the following legend:
Danger
MDA
May
Cause Cancer Liver Toxin
Authorized
Personnel Only
Respirators
And Protective Clothing
May
be Required To Be Worn In This Area
(b) The employer shall ensure that labels or other appropriate
forms of warning are provided for containers of MDA within the
workplace. The labels shall comply with the requirements of
WAC 296-800-170
and shall include one of the following legends:
(i) For pure MDA
Danger
Contains
MDA
May
Cause Cancer Liver Toxin
(ii) For mixtures containing MDA
Danger
Contains
MDA
Contains
Materials Which May Cause Cancer Liver Toxin
(2) Material safety data sheets (MSDS). Employers shall obtain
or develop, and shall provide access to their employees to, a
material safety data sheet (MSDS) for MDA.
(3) Information and training.
(a) The employer shall provide employees with information and
training on MDA, in accordance with
WAC 296-800-170, at the time of initial assignment and at
least annually thereafter.
(b) In addition to the information required under WAC
296-800-170, the employer shall:
(i) Provide an explanation of the contents of this section,
including Appendices A and B of this section, and indicate
to employees where a copy of the standard is available;
(ii) Describe the medical surveillance program required under
WAC
296-155-17327, and explain the information contained in
Appendix C of this standard; and
(iii) Describe the medical removal provision required under
WAC
296-155-17327.
(4) Access to training materials.
(a) The employer shall make readily available to all affected
employees, without cost, all written materials relating to the
employee training program, including a copy of this regulation.
(b) The employer shall provide to the director, upon request,
all information and training materials relating to the employee
information and training program.
(1) All surfaces shall be maintained as free as practicable of
visible accumulations of MDA.
(2) The employer shall institute a program for detecting MDA
leaks, spills, and discharges, including regular visual inspections
of operations involving liquid or solid MDA.
(3) All leaks shall be repaired and liquid or dust spills cleaned
up promptly.
(4) Surfaces contaminated with MDA may not be cleaned by the
use of compressed air.
(5) Shoveling, dry sweeping, and other methods of dry clean-up
of MDA may be used where HEPA-filtered vacuuming and/or wet cleaning
are not feasible or practical.
(6) Waste, scrap, debris, bags, containers, equipment, and clothing
contaminated with MDA shall be collected and disposed of in a
manner to prevent the reentry of MDA into the workplace.
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