WAC
296-155-17347 Appendix D to WAC 296-155-173--Sampling and
analytical methods for MDA monitoring and measurement procedures.
Measurements taken for the purpose of determining employee exposure
to MDA are best taken so that the representative average 8-hour
exposure may be determined from a single 8-hour sample or two
4-hour samples. Short-time interval samples (or grab samples)
may also be used to determine average exposure level if a minimum
of five measurements are taken in a random manner over the 8-hour
work shift. Random sampling means that any portion of the work
shift has the same chance of being sampled as any other. The arithmetic
average of all such random samples taken on one work shift is
an estimate of an employee's average level of exposure for that
work shift. Air samples should be taken in the employee's breathing
zone (air that would most nearly represent that inhaled by the
employee). There are a number of methods available for monitoring
employee exposures to MDA. The method OSHA currently uses is included
below. The employer however has the obligation of selecting any
monitoring method which meets the accuracy and precision requirements
of the standard under her or his unique field conditions. The
standard requires that the method of monitoring must have an accuracy,
to a 95 percent confidence level, of not less than plus or minus
25 percent for the select PEL.
WISHA methodology.
Sampling procedure.
Apparatus:
Samples are collected by use of a personal sampling pump that
can be calibrated within +/-5% of the recommended flow rate with
the sampling filter in line. Samples are collected on 37 mm Gelman
type A/E glass fiber filters treated with sulfuric acid. The filters
are prepared by soaking each filter with 0.5 mL of 0.26N H2SO4.
(0.26 N H2SO4 can be prepared by diluting
1.5 mL of 36N H2SO4 to 200 mL with deionized
water.) The filters are dried in an oven at 100 degrees C. for
one hour and then assembled into three-piece 37 mm polystyrene
cassettes without backup pads. The front filter is separated from
the back filter by a polystyrene spacer. The cassettes are sealed
with shrink bands and the ends are plugged with plastic plugs.
After sampling, the filters are carefully removed from the cassettes
and individually transferred to small vials containing approximately
2 mL deionized water. The vials must be tightly sealed. The water
can be added before or after the filters are transferred. The
vials must be sealable and capable of holding at least 7 mL of
liquid. Small glass scintillation vials with caps containing Teflon
liners are recommended.
Reagents:
Deionized water is needed for addition to the vials.
Sampling technique:
Immediately before sampling, remove the plastic plugs from the
filter cassettes. Attach the cassette to the sampling pump with
flexible tubing and place the cassette in the employee's breathing
zone. After sampling, seal the cassettes with plastic plugs until
the filters are transferred to the vials containing deionized
water. At some convenient time within 10 hours of sampling, transfer
the sample filters to vials. Seal the small vials lengthwise.
Submit at least one blank filter with each sample set. Blanks
should be handled in the same manner as samples, but no air is
drawn through them. Record sample volumes (in L of air) for each
sample, along with any potential interferences.
Retention efficiency:
A retention efficiency study was performed by drawing 100 L of
air (80% relative humidity) at 1 L/min through sample filters
that had been spiked with 0.814 micro-g MDA. Instead of using
backup pads, blank acid-treated filters were used as backups in
each cassette. Upon analysis, the top filters were found to have
an average of 91.8% of the spiked amount. There was no MDA found
on the bottom filters, so the amount lost was probably due to
the slight instability of the MDA salt.
Extraction efficiency:
The average extraction efficiency for six filters spiked at the
target concentration is 99.6%. The stability of extracted and
derivatized samples was verified by reanalyzing the above six
samples the next day using fresh standards. The average extraction
efficiency for the reanalyzed samples is 98.7%. Recommended air
volume and sampling rate. The recommended air volume is 100 L.
The recommended sampling rate is 1 L/min.
Interferences (sampling):
MDI appears to be a positive interference. It was found that
when MDI was spiked onto an acid-treated filter, the MDI converted
to MDA after air was drawn through it. Suspected interferences
should be reported to the laboratory with submitted samples.
Safety precautions (sampling):
Attach the sampling equipment to the employees so that it will
not interfere with work performance or safety. Follow all safety
procedures that apply to the work area being sampled.
Analytical procedure:
Apparatus:
The following are required for analysis. A GC equipped with an
electron capture detector. For this evaluation a Hewlett Packard
5880 Gas Chromatograph equipped with a Nickel 63 High Temperature
Electron Capture Detector and a Linearizer was used. A GC column
capable of separating the MDA derivative from the solvent and
interferences. A 6 ft x 2 mm ID glass column packed with 3% OV-101
coated on 100/120 Gas Chrom Q or a 25 meter DB-1 or DB-5 capillary
column is recommended for this evaluation. An electronic integrator
or some other suitable means of measuring peak areas or heights.
Small resealable vials with Teflonlined caps capable of holding
4 mL. A dispenser or pipet for toluene capable of delivering 2.9
mL. Pipets (or repipets with plastic or Teflon tips) capable of
delivering 1 mL for the sodium hydroxide and buffer solutions.
A repipet capable of delivering 25 micro-L HFAA. Syringes for
preparation of standards and injection of standards and samples
into a GC. Volumetric flasks and pipets to dilute the pure MDA
in preparation of standards. Disposable pipets to transfer the
toluene layers after the samples are extracted.
Reagents:
0.5 NaOH prepared from reagent grade NaOH. Toluene, pesticide
grade. Burdick and Jackson distilled in glass toluene was used.
Heptafluorobutyric acid anhydride (HFAA). HFAA from Pierce Chemical
Company was used. pH 7.0 phosphate buffer, prepared from 136 g
potassium dihydrogen phosphate and 1 L deionized water. The pH
is adjusted to 7.0 with saturated sodium hydroxide solution. 4,4'-methylenedianiline
(MDA), reagent grade.
Standard preparation:
Concentrated stock standards are prepared by diluting pure MDA
with toluene. Analytical standards are prepared by injecting micro-L
amounts of diluted stock standards into vials that contain 2.0
mL toluene. 25 micro-L HFAA are added to each vial and the vials
are capped and shaken for 10 seconds. After 10 min, 1 mL of buffer
is added to each vial. The vials are recapped and shaken for 10
seconds. After allowing the layers to separate, aliquots of the
toluene (upper) layers are removed with a syringe and analyzed
by GC. Analytical standard concentrations should bracket sample
concentrations. Thus, if samples fall out of the range of prepared
standards, additional standards must be prepared to ascertain
detector response.
Sample preparation:
The sample filters are received in vials containing deionized
water. 1 mL of 0.5N NaOH and 2.0 mL toluene are added to each
vial. The vials are recapped and shaken for 10 min. After allowing
the layers to separate, approximately 1 mL aliquots of the toluene
(upper) layers are transferred to separate vials with clean disposable
pipets. The toluene layers are treated and analyzed.
Analysis:
GC conditions.
Zone temperatures: Column-220 degrees C. Injector-235 degrees
C. Detector-335 degrees C. Gas flows, N2 Column-30 mL/min He Purge-Column
0.9 mL/min. (capillary) with 30 mL/min. ArCH4 (95/5)
make up gas Injection volume: 5.0 µL Column: 6 ft x 1/8 in ID
glass, 3% OV-101 on 100/120 Gas Chrom Q or 25 Retention time of
MDA derivative: 2.5 to 3.5, depending on column and flow.
Chromatogram. Peak areas or heights are measured by an integrator
or other suitable means. A calibration curve is constructed by
plotting response (peak areas or heights) of standard injections
versus micro-g of MDA per sample. Sample concentrations must be
bracketed by standards.
Interferences (analytical):
Any compound that gives an electron capture detector response
and has the same general retention time as the HFAA derivative
of MDA is a potential interference. Suspected interferences reported
to the laboratory with submitted samples by the industrial hygienist
must be considered before samples are derivatized. GC parameters
may be changed to possibly circumvent interferences. Retention
time on a single column is not considered proof of chemical identity.
Analyte identity should be confirmed by GC/MS if possible.
Calculations:
The analyte concentration for samples is obtained from the calibration
curve in terms of micro-g MDA per sample. The extraction efficiency
is 100%. If any MDA is found on the blank, that amount is subtracted
from the sample amounts. The air concentrations are calculated
using the following formulae. micro-µg/m3 = (micro-mg
MDA per sample) (1000)/(L of air sampled) ppb = (micro-µg/m3)
(24.46)/(198.3) = (micro-µg/m3)(0.1233) where 24.46
is the molar volume at 25 degrees C. and 760 mm Hg.
Safety precautions (analytical). Avoid skin contact and inhalation
of all chemicals. Restrict the use of all chemicals to a fume
hood if possible. Wear safety glasses and a lab coat at all times
while in the lab area.
(1) Scope. This standard applies to all occupational exposures
to cadmium and cadmium compounds, in all forms, in all construction
work where an employee may potentially be exposed to cadmium.
Construction work is defined as work involving construction, alteration,
and/or repair, including but not limited to the following:
(a) Wrecking, demolition, or salvage of structures where cadmium
or materials containing cadmium are present;
(b) Use of cadmium containing-paints and cutting, brazing,
burning, grinding, or welding on surfaces that were painted
with cadmium-containing paints;
(c) Construction, alteration, repair, maintenance, or renovation
of structures, substrates, or portions thereof, that contain
cadmium, or materials containing cadmium;
(d) Cadmium welding; cutting and welding cadmium-plated steel;
brazing or welding with cadmium alloys;
(e) Installation of products containing cadmium;
(f) Electrical grounding with cadmium-welding, or electrical
work using cadmium-coated conduit;
(g) Maintaining or retrofitting cadmium-coated equipment;
(h) Cadmium contamination/emergency cleanup; and
(i) Transportation, disposal, storage, or containment of cadmium
or materials containing cadmium on the site or location at which
construction activities are performed.
(2) Definitions.
(a) Action level (AL) is defined as an airborne concentration
of cadmium of 2.5 micrograms per cubic meter of air (2.5 µg/m3),
calculated as an 8-hour time-weighted average (TWA).
(b) Authorized person means any person authorized by
the employer and required by work duties to be present in regulated
areas or any person authorized by WISHA or regulations issued
under it to be in regulated areas.
(c) Competent person, in accordance with WAC
296-155-012(4), means a person designated by the employer
to act on the employer's behalf who is capable of identifying
existing and potential cadmium hazards in the workplace and
the proper methods to control them in order to protect workers,
and has the authority necessary to take prompt corrective measures
to eliminate or control such hazards. The duties of a competent
person include at least the following: Determining prior to
the performance of work whether cadmium is present in the workplace;
establishing, where necessary, regulated areas and assuring
that access to and from those areas is limited to authorized
employees; assuring the adequacy of any employee exposure monitoring
required by this standard; assuring that all employees exposed
to air cadmium levels above the PEL wear appropriate personal
protective equipment and are trained in the use of appropriate
methods of exposure control; assuring that proper hygiene facilities
are provided and that workers are trained to use those facilities;
and assuring that the engineering controls required by this
standard are implemented, maintained in proper operating condition,
and functioning properly.
(d) Director means the director of the department of
labor and industries or authorized representative.
(e) Employee exposure and similar language referring to
the air cadmium level to which an employee is exposed means
the exposure to airborne cadmium that would occur if the employee
were not using respiratory protective equipment.
(f) Final medical determination is the written medical
opinion of the employee's health status by the examining physician
under subsection (12)(c) through (l) of this section or, if
multiple physician review under subsection (12)(m) of this section
or the alternative physician determination under subsection
(12)(n) of this section is invoked, it is the final, written
medical finding, recommendation or determination that emerges
from that process.
(g) High-efficiency particulate air (HEPA) filter means
a filter capable of trapping and retaining at least 99.97 percent
of mono-dispersed particles of 0.3 micrometers in diameter.
(h) Regulated area means an area demarcated by the employer
where an employee's exposure to airborne concentrations of cadmium
exceeds, or can reasonably be expected to exceed the permissible
exposure limit (PEL).
(i) This section means this cadmium standard.
(3) Permissible exposure limit (PEL). The employer shall assure
that no employee is exposed to an airborne concentration of cadmium
in excess of five micrograms per cubic meter of air (5 µg/m3),
calculated as an 8-hour time-weighted average exposure (TWA).
(4) Exposure monitoring
(a) General.
(i) Prior to the performance of any construction work where
employees may be potentially exposed to cadmium, the employer
shall establish the applicability of this standard by determining
whether cadmium is present in the workplace and whether there
is the possibility that employee exposures will be at or above
the action level. The employer shall designate a competent
person who shall make this determination.
Investigation and material testing techniques shall be used,
as appropriate, in the determination. Investigation shall
include a review of relevant plans, past reports, material
safety data sheets, and other available records, and consultations
with the property owner and discussions with appropriate individuals
and agencies.
(ii) Where cadmium has been determined to be present in the
workplace, and it has been determined that there is a possibility
the employee's exposure will be at or above the action level,
the competent person shall identify employees potentially
exposed to cadmium at or above the action level.
(iii) Determinations of employee exposure shall be made from
breathing-zone air samples that reflect the monitored employee's
regular, daily 8-hour TWA exposure to cadmium.
(iv) Eight-hour TWA exposures shall be determined for each
employee on the basis of one or more personal breathing-zone
air samples reflecting full shift exposure on each shift,
for each job classification, in each work area. Where several
employees perform the same job tasks, in the same job classification,
on the same shift, in the same work area, and the length,
duration, and level of cadmium exposures are similar, an employer
may sample a representative fraction of the employees instead
of all employees in order to meet this requirement. In representative
sampling, the employer shall sample the employee(s) expected
to have the highest cadmium exposures.
(b) Specific.
(i) Initial monitoring. Except as provided for in (b)(iii)
of this subsection, where a determination conducted under
(a)(i) of this subsection shows the possibility of employee
exposure to cadmium at or above the action level, the employer
shall conduct exposure monitoring as soon as practical that
is representative of the exposure for each employee in the
workplace who is or may be exposed to cadmium at or above
the action level.
(ii) In addition, if the employee periodically performs tasks
that may expose the employee to a higher concentration of
airborne cadmium, the employee shall be monitored while performing
those tasks.
(iii) Where the employer has objective data, as defined in
subsection (14)(b) of this section, demonstrating that employee
exposure to cadmium will not exceed airborne concentrations
at or above the action level under the expected conditions
of processing, use, or handling, the employer may rely upon
such data instead of implementing initial monitoring.
(iv) Where a determination conducted under (a) or (b) of
this subsection is made that a potentially exposed employee
is not exposed to airborne concentrations of cadmium at or
above the action level, the employer shall make a written
record of such determination. The record shall include at
least the monitoring data developed under (b)(i) through (iii)
of this subsection, where applicable, and shall also include
the date of determination, and the name and Social Security
number of each employee.
(c) Monitoring frequency (periodic monitoring).
(i) If the initial monitoring or periodic monitoring reveals
employee exposures to be at or above the action level, the
employer shall monitor at a frequency and pattern needed to
assure that the monitoring results reflect with reasonable
accuracy the employee's typical exposure levels, given the
variability in the tasks performed, work practices, and environmental
conditions on the job site, and to assure the adequacy of
respiratory selection and the effectiveness of engineering
and work practice controls.
(ii) If the initial monitoring or the periodic monitoring
indicates that employee exposures are below the action level
and that result is confirmed by the results of another monitoring
taken at least seven days later, the employer may discontinue
the monitoring for those employees whose exposures are represented
by such monitoring.
(d) Additional monitoring. The employer also shall institute
the exposure monitoring required under (b)(i) and (c) of this
subsection whenever there has been a change in the raw materials,
equipment, personnel, work practices, or finished products that
may result in additional employees being exposed to cadmium
at or above the action level or in employees already exposed
to cadmium at or above the action level being exposed above
the PEL, or whenever the employer or competent person has any
reason to suspect that any other change might result in such
further exposure.
(e) Employee notification of monitoring results.
(i) No later than five working days after the receipt of
the results of any monitoring performed under this section,
the employer shall notify each affected employee individually
in writing of the results. In addition, within the same time
period, the employer shall post the results of the exposure
monitoring in an appropriate location that is accessible to
all affected employees.
(ii) Wherever monitoring results indicate that employee exposure
exceeds the PEL, the employer shall include in the written
notice a statement that the PEL has been exceeded and a description
of the corrective action being taken by the employer to reduce
employee exposure to or below the PEL.
(f) Accuracy of measurement. The employer shall use a method
of monitoring and analysis that has an accuracy of not less
than plus or minus 25 percent (± 25%), with a confidence level
of 95 percent, for airborne concentrations of cadmium at or
above the action level and the permissible exposure limit.
(5) Regulated areas.
(a) Establishment. The employer shall establish a regulated
area wherever an employee's exposure to airborne concentrations
of cadmium is, or can reasonably be expected to be in excess
of the permissible exposure limit (PEL).
(b) Demarcation. Regulated areas shall be demarcated from the
rest of the workplace in any manner that adequately establishes
and alerts employees of the boundaries of the regulated area,
including employees who are or may be incidentally in the regulated
areas, and that protects persons outside the area from exposure
to airborne concentrations of cadmium in excess of the PEL.
(c) Access. Access to regulated areas shall be limited to authorized
persons.
(d) Provision of respirators. Each person entering a regulated
area shall be supplied with and required to use a respirator,
selected in accordance with subsection (7)(b) of this section.
(e) Prohibited activities. The employer shall assure that employees
do not eat, drink, smoke, chew tobacco or gum, or apply cosmetics
in regulated areas, or carry the products associated with any
of these activities into regulated areas or store such products
in those areas.
(6) Methods of compliance.
(a) Compliance hierarchy.
(i) Except as specified in (a)(ii) of this subsection, the
employer shall implement engineering and work practice controls
to reduce and maintain employee exposure to cadmium at or
below the PEL, except to the extent that the employer can
demonstrate that such controls are not feasible.
(ii) The requirement to implement engineering controls to
achieve the PEL does not apply where the employer demonstrates
the following:
(A) The employee is only intermittently exposed; and
(B) The employee is not exposed above the PEL on 30 or
more days per year (12 consecutive months).
(iii) Wherever engineering and work practice controls are
not sufficient to reduce employee exposure to or below the
PEL, the employer nonetheless shall implement such controls
to reduce exposures to the lowest levels achievable. The employer
shall supplement such controls with respiratory protection
that complies with the requirements of subsection (7) of this
section and the PEL.
(iv) The employer shall not use employee rotation as a method
of compliance.
(b) Specific operations.
(i) Abrasive blasting. Abrasive blasting on cadmium or cadmium-containing
materials shall be conducted in a manner that will provide
adequate protection.
(ii) Heating cadmium and cadmium-containing materials. Welding,
cutting, and other forms of heating of cadmium or cadmium-containing
materials shall be conducted in accordance with the requirements
of WAC
296-155-415 and 296-155-420,
where applicable.
(c) Prohibitions.
(i) High speed abrasive disc saws and similar abrasive power
equipment shall not be used for work on cadmium or cadmium-containing
materials unless they are equipped with appropriate engineering
controls to minimize emissions, if the exposure levels are
above the PEL.
(ii) Materials containing cadmium shall not be applied by
spray methods, if exposures are above the PEL, unless employees
are protected with supplied-air respirators with full facepiece,
hood, helmet, suit, operated in positive pressure mode and
measures are instituted to limit overspray and prevent contamination
of adjacent areas.
(d) Mechanical ventilation.
(i) When ventilation is used to control exposure, measurements
that demonstrate the effectiveness of the system in controlling
exposure, such as capture velocity, duct velocity, or static
pressure shall be made as necessary to maintain its effectiveness.
(ii) Measurements of the system's effectiveness in controlling
exposure shall be made as necessary within five working days
of any change in production, process, or control that might
result in a significant increase in employee exposure to cadmium.
(iii) Recirculation of air. If air from exhaust ventilation
is recirculated into the workplace, the system shall have
a high efficiency filter and be monitored to assure effectiveness.
(iv) Procedures shall be developed and implemented to minimize
employee exposure to cadmium when maintenance of ventilation
systems and changing of filters is being conducted.
(e) Compliance program.
(i) Where employee exposure to cadmium exceeds the PEL and
the employer is required under (a) of this subsection to implement
controls to comply with the PEL prior to commencement of the
job the employer shall establish and implement a written compliance
program to reduce employee exposure to or below the PEL.
(ii) Written compliance programs shall be reviewed and updated
as often and as promptly as necessary to reflect significant
changes in the employer's compliance status or significant
changes in the lowest air cadmium level that is technologically
feasible.
(iii) A competent person shall review the comprehensive compliance
program initially and after each change.
(iv) Written compliance programs shall be provided upon request
for examination and copying to the director, or authorized
representatives, affected employees, and designated employee
representatives.
(7) Respirator protection.
(a) 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:
(i) Periods necessary to install or implement feasible engineering
and work-practice controls when employee exposures exceed
the PEL.
(ii) Maintenance and repair activities, and brief or intermittent
operations, for which employee exposures exceed the PEL and
engineering and work-practice controls are not feasible or
are not required.
(iii) Work operations in regulated areas in subsection (5)
of this section.
(iv) Work operations for which the employer has implemented
all feasible engineering and work-practice controls, and such
controls are not sufficient to reduce exposures to or below
the PEL.
(v) Emergencies.
(vi) Work operations for which an employee, who is exposed
to cadmium at or above the action level, requests a respirator.
(vii) Work operations for which engineering controls are
not required under (a)(ii) of this subsection to reduce employee
exposures that exceed the PEL.
(b) Respirator program.
(i) The employer must develop, implement, and maintain a
respiratory protection program as required by chapter 296-842
WAC, Respirators.
(ii) If an employee has breathing difficulty during fit testing
or respirator use, the employer must provide the employee
with a medical examination as required by subsection (12)(f)(ii)
of this section to determine if the employee can use a respirator
while performing the required duties.
(iii) No employees must use a respirator when, based on their
recent medical examination, the examining physician determines
that the employee will be unable to continue to function normally
while using a respirator. If the physician determines the
employee must be limited in, or removed from, their current
job because of the employee's inability to use a respirator,
the job limitation or removal must be conducted as required
by (k) and (l) of this subsection.
(c) Respirator selection. The employer must:
(i) Select and provide the appropriate respirators as specified
in this section and WAC 296-842-13005 in the respirator rule.
Provide employees with full-facepiece
respirators when they experience eye irritation.
Make sure high-efficiency particulate air (HEPA) filters
or N-, R-, or P-100 series filters and provided for powered
air-purifying respirators (PAPRs) and negative-pressure
air-purifying respirators.
(ii) The employer shall provide a powered, air-purifying
respirator (PAPR) instead of a negative-pressure respirator
when an employee entitled to a respirator chooses to use this
type of respirator and such a respirator will provide adequate
protection to the employee.
(8) Emergency situations. The employer shall develop and implement
a written plan for dealing with emergency situations involving
substantial releases of airborne cadmium. The plan shall include
provisions for the use of appropriate respirators and personal
protective equipment. In addition, employees not essential to
correcting the emergency situation shall be restricted from the
area and normal operations halted in that area until the emergency
is abated.
(9) Protective work clothing and equipment.
(a) Provision and use. If an employee is exposed to airborne
cadmium above the PEL or where skin or eye irritation is associated
with cadmium exposure at any level, the employer shall provide
at no cost to the employee, and assure that the employee uses,
appropriate protective work clothing and equipment that prevents
contamination of the employee and the employee's garments. Protective
work clothing and equipment includes, but is not limited to:
(i) Coveralls or similar full-body work clothing;
(ii) Gloves, head coverings, and boots or foot coverings;
and
(iii) Face shields, vented goggles, or other appropriate
protective equipment that complies with WAC
296-155-215.
(b) Removal and storage.
(i) The employer shall assure that employees remove all protective
clothing and equipment contaminated with cadmium at the completion
of the work shift and do so only in change rooms provided
in accordance with subsection (10)(a) of this section.
(ii) The employer shall assure that no employee takes cadmium-contaminated
protective clothing or equipment from the workplace, except
for employees authorized to do so for purposes of laundering,
cleaning, maintaining, or disposing of cadmium-contaminated
protective clothing and equipment at an appropriate location
or facility away from the workplace.
(iii) The employer shall assure that contaminated protective
clothing and equipment, when removed for laundering, cleaning,
maintenance, or disposal, is placed and stored in sealed,
impermeable bags or other closed, impermeable containers that
are designed to prevent dispersion of cadmium dust.
(iv) The employer shall assure that containers of contaminated
protective clothing and equipment that are to be taken out
of the change rooms or the workplace for laundering, cleaning,
maintenance or disposal shall bear labels in accordance with
subsection (13)(c) of this section.
(c) Cleaning, replacement, and disposal.
(i) The employer shall provide the protective clothing and
equipment required by (a) of this subsection in a clean and
dry condition as often as necessary to maintain its effectiveness,
but in any event at least weekly. The employer is responsible
for cleaning and laundering the protective clothing and equipment
required by this subsection to maintain its effectiveness
and is also responsible for disposing of such clothing and
equipment.
(ii) The employer also is responsible for repairing or replacing
required protective clothing and equipment as needed to maintain
its effectiveness. When rips or tears are detected while an
employee is working they shall be immediately mended, or the
worksuit shall be immediately replaced.
(iii) The employer shall prohibit the removal of cadmium
from protective clothing and equipment by blowing, shaking,
or any other means that disperses cadmium into the air.
(iv) The employer shall assure that any laundering of contaminated
clothing or cleaning of contaminated equipment in the workplace
is done in a manner that prevents the release of airborne
cadmium in excess of the permissible exposure limit prescribed
in subsection (3) of this section.
(v) The employer shall inform any person who launders or
cleans protective clothing or equipment contaminated with
cadmium of the potentially harmful effects of exposure to
cadmium, and that the clothing and equipment should be laundered
or cleaned in a manner to effectively prevent the release
of airborne cadmium in excess of the PEL.
(10) Hygiene areas and practices.
(a) General. For employees whose airborne exposure to cadmium
is above the PEL, the employer shall provide clean change rooms,
handwashing facilities, showers, and lunchroom facilities that
comply with WAC 296-155-140.
(b) Change rooms. The employer shall assure that change rooms
are equipped with separate storage facilities for street clothes
and for protective clothing and equipment, which are designed
to prevent dispersion of cadmium and contamination of the employee's
street clothes.
(c) Showers and handwashing facilities.
(i) The employer shall assure that employees whose airborne
exposure to cadmium is above the PEL shower during the end
of the work shift.
(ii) The employer shall assure that employees who are exposed
to cadmium above the PEL wash their hands and faces prior
to eating, drinking, smoking, chewing tobacco or gum, or applying
cosmetics.
(d) Lunchroom facilities.
(i) The employer shall assure that the lunchroom facilities
are readily accessible to employees, that tables for eating
are maintained free of cadmium, and that no employee in a
lunchroom facility is exposed at any time to cadmium at or
above a concentration of 2.5 µg/m3.
(ii) The employer shall assure that employees do not enter
lunchroom facilities with protective work clothing or equipment
unless surface cadmium has been removed from the clothing
and equipment by HEPA vacuuming or some other method that
removes cadmium dust without dispersing it.
(11) Housekeeping.
(a) All surfaces shall be maintained as free as practicable
of accumulations of cadmium.
(b) All spills and sudden releases of material containing cadmium
shall be cleaned up as soon as possible.
(c) Surfaces contaminated with cadmium shall, wherever possible,
be cleaned by vacuuming or other methods that minimize the likelihood
of cadmium becoming airborne.
(d) HEPA-filtered vacuuming equipment or equally effective
filtration methods shall be used for vacuuming. The equipment
shall be used and emptied in a manner that minimizes the reentry
of cadmium into the workplace.
(e) Shoveling, dry or wet sweeping, and brushing may be used
only where vacuuming or other methods that minimize the likelihood
of cadmium becoming airborne have been tried and found not to
be effective.
(f) Compressed air shall not be used to remove cadmium from
any surface unless the compressed air is used in conjunction
with a ventilation system designed to capture the dust cloud
created by the compressed air.
(g) Waste, scrap, debris, bags, containers, personal protective
equipment, and clothing contaminated with cadmium and consigned
for disposal shall be collected and disposed of in sealed impermeable
bags or other closed, impermeable containers. These bags and
containers shall be labeled in accordance with subsection (13)(b)
of this section.
(12) Medical surveillance.
(a) General.
(i) Scope.
(A) Currently exposed - The employer shall institute a
medical surveillance program for all employees who are or
may be exposed at or above the action level and all employees
who perform the following tasks, operations, or jobs: Electrical
grounding with cadmium-welding; cutting, brazing, burning,
grinding, or welding on surfaces that were painted with
cadmium-containing paints; electrical work using cadmium-coated
conduit; use of cadmium containing paints; cutting and welding
cadmium-plated steel; brazing or welding with cadmium alloys;
fusing of reinforced steel by cadmium welding; maintaining
or retrofitting cadmium-coated equipment; and, wrecking
and demolition where cadmium is present. A medical surveillance
program will not be required if the employer demonstrates
that the employee:
(I) Is not currently exposed by the employer to airborne
concentrations of cadmium at or above the action level
on 30 or more days per year (twelve consecutive months);
and
(II) Is not currently exposed by the employer in those
tasks on 30 or more days per year (twelve consecutive
months).
(B) Previously exposed - The employer shall also institute
a medical surveillance program for all employees who might
previously have been exposed to cadmium by the employer
prior to the effective date of this section in tasks specified
under (a)(i)(A) of this subsection, unless the employer
demonstrates that the employee did not in the years prior
to the effective date of this section work in those tasks
for the employer with exposure to cadmium for an aggregated
total of more than 12 months.
(ii) To determine an employee's fitness for using a respirator,
the employer shall provide the limited medical examination
specified in (f) of this subsection.
(iii) The employer shall assure that all medical examinations
and procedures required by this section are performed by or
under the supervision of a licensed physician, who has read
and is familiar with the health effects WAC
296-62-07441, Appendix A, the regulatory text of this
section, the protocol for sample handling and lab selection
in WAC
296-62-07451, Appendix F, and the questionnaire of WAC
296-62-07447,
Appendix D.
(iv) The employer shall provide the medical surveillance
required by this section, including multiple physician review
under (m) of this subsection without cost to employees, and
at a time and place that is reasonable and convenient to employees.
(v) The employer shall assure that the collecting and handling
of biological samples of cadmium in urine (CdU), cadmium in
blood (CdB), and beta-2 microglobulin in urine (B2-M)
taken from employees under this section is done in a manner
that assures their reliability and that analysis of biological
samples of cadmium in urine (CdU), cadmium in blood (CdB),
and beta-2 microglobulin in urine (B2-M) taken
from employees under this section is performed in laboratories
with demonstrated proficiency to perform the particular analysis.
(See WAC
296-62-07451, Appendix F.)
(b) Initial examination.
(i) For employees covered by medical surveillance under (a)(i)
of this subsection, the employer shall provide an initial
medical examination. The examination shall be provided to
those employees within 30 days after initial assignment to
a job with exposure to cadmium or no later than 90 days after
the effective date of this section, whichever date is later.
(ii) The initial medical examination shall include:
(A) A detailed medical and work history, with emphasis
on: Past, present, and anticipated future exposure to cadmium;
any history of renal, cardiovascular, respiratory, hematopoietic,
reproductive, and/or musculo-skeletal system dysfunction;
current usage of medication with potential nephrotoxic side-effects;
and smoking history and current status; and
(B) Biological monitoring that includes the following tests:
(I) Cadmium in urine (CdU), standardized to grams of
creatinine (g/Cr);
(II) Beta-2 microglobulin in urine (B2-M),
standardized to grams of creatinine (g/Cr), with pH specified,
as described in WAC
296-62-07451, Appendix F; and
(III) Cadmium in blood (CdB), standardized to liters
of whole blood (lwb).
(iii) Recent examination: An initial examination is not required
to be provided if adequate records show that the employee
has been examined in accordance with the requirements of (b)(ii)
of this subsection within the past 12 months. In that case,
such records shall be maintained as part of the employee's
medical record and the prior exam shall be treated as if it
were an initial examination for the purposes of (c) and (d)
of this subsection.
(c) Actions triggered by initial biological monitoring.
(i) If the results of the biological monitoring tests in
the initial examination show the employee's CdU level to be
at or below 3 µg/g Cr, B2-M level to be at or below
300 µg/g Cr and CdB level to be at or below 5 µg/lwb, then:
(A) For employees who are subject to medical surveillance
under (a)(i)(A) of this subsection because of current or
anticipated exposure to cadmium, the employer shall provide
the minimum level of periodic medical surveillance in accordance
with the requirements in (d)(i) of this subsection; and
(B) For employees who are subject to medical surveillance
under (a)(i)(B) of this subsection because of prior but
not current exposure, the employer shall provide biological
monitoring for CdU, B2-M, and CdB one year after
the initial biological monitoring and then the employer
shall comply with the requirements of (d)(vi) of this subsection.
(ii) For all employees who are subject to medical surveillance
under (a)(i) of this subsection, if the results of the initial
biological monitoring tests show the level of CdU to exceed
3 µg/g Cr, the level of B2-M to be in excess of
300 µg/g Cr, or the level of CdB to be in excess of 5 µg/lwb,
the employer shall:
(A) Within two weeks after receipt of biological monitoring
results, reassess the employee's occupational exposure to
cadmium as follows:
(I) Reassess the employee's work practices and personal
hygiene;
(II) Reevaluate the employee's respirator use, if any,
and the respirator program;
(III) Review the hygiene facilities;
(IV) Reevaluate the maintenance and effectiveness of
the relevant engineering controls;
(V) Assess the employee's smoking history and status;
(B) Within 30 days after the exposure reassessment, specified
in (c)(ii)(A) of this subsection, take reasonable steps
to correct any deficiencies found in the reassessment that
may be responsible for the employee's excess exposure to
cadmium; and
(C) Within 90 days after receipt of biological monitoring
results, provide a full medical examination to the employee
in accordance with the requirements of (d)(ii) of this subsection.
After completing the medical examination, the examining
physician shall determine in a written medical opinion whether
to medically remove the employee. If the physician determines
that medical removal is not necessary, then until the employee's
CdU level falls to or below 3 µg/g Cr, B2-M level
falls to or below 300 µg/g Cr and CdB level falls to or
below 5 µg/lwb, the employer shall:
(I) Provide biological monitoring in accordance with
(b)(ii)(B) of this subsection on a semiannual basis; and
(II) Provide annual medical examinations in accordance
with (d)(ii) of this subsection.
(iii) For all employees who are subject to medical surveillance
under (a)(i) of this subsection, if the results of the initial
biological monitoring tests show the level of CdU to be in
excess of 15 µg/g Cr, or the level of CdB to be in excess
of 15 µg/lwb, or the level of B2-M to be in excess
of 1,500 µg/g Cr, the employer shall comply with the requirements
of (c)(ii)(A) and (B) of this subsection. Within 90 days after
receipt of biological monitoring results, the employer shall
provide a full medical examination to the employee in accordance
with the requirements of (d)(ii) of this subsection. After
completing the medical examination, the examining physician
shall determine in a written medical opinion whether to medically
remove the employee. However, if the initial biological monitoring
results and the biological monitoring results obtained during
the medical examination both show that: CdU exceeds 15 µg/g
Cr; or CdB exceeds 15 µg/lwb; or B2-M exceeds 1500
m/g Cr, and in addition CdU exceeds 3 µg/g Cr or CdB exceeds
5 µg/liter of whole blood, then the physician shall medically
remove the employee from exposure to cadmium at or above the
action level. If the second set of biological monitoring results
obtained during the medical examination does not show that
a mandatory removal trigger level has been exceeded, then
the employee is not required to be removed by the mandatory
provisions of this section. If the employee is not required
to be removed by the mandatory provisions of this section
or by the physician's determination, then until the employee's
CdU level falls to or below 3 µg/g Cr, B2-M level
falls to or below 300 µg/g Cr and CdB level falls to or below
5 µg/lwb, the employer shall:
(A) Periodically reassess the employee's occupational exposure
to cadmium;
(B) Provide biological monitoring in accordance with (b)(ii)(B)
of this subsection on a quarterly basis; and
(C) Provide semiannual medical examinations in accordance
with (d)(ii) of this subsection.
(iv) For all employees to whom medical surveillance is provided,
beginning on January 1, 1999, and in lieu of (c)(iii) of this
subsection, whenever the results of initial biological monitoring
tests show the employee's CdU level to be in excess of 7 µg/g
Cr, or B2-M level to be in excess of 750 µg/g Cr,
or CdB level to be in excess of 10 µg/lwb, the employer shall
comply with the requirements of (c)(ii)(A) and (B) of this
subsection.
Within 90 days after receipt of biological monitoring results,
the employer shall provide a full medical examination to the
employee in accordance with the requirements of (d)(ii) of
this subsection. After completing the medical examination,
the examining physician shall determine in a written medical
opinion whether to medically remove the employee. However,
if the initial biological monitoring results and the biological
monitoring results obtained during the medical examination
both show that: CdU exceeds 7 µg/g Cr; or CdB exceeds 10 µg/lwb;
or B2-M exceeds 750 µg/g Cr, and in addition CdU
exceeds 3 µg/g Cr or CdB exceeds 5 µg/liter of whole blood,
then the physician shall medically remove the employee from
exposure to cadmium at or above the action level. If the second
set of biological monitoring results obtained during the medical
examination does not show that a mandatory removal trigger
level has been exceeded, then the employee is not required
to be removed by the mandatory provisions of this section.
If the employee is not required to be removed by the mandatory
provisions of this section or by the physician's determination,
then until the employee's CdU level falls to or below 3 µg/g
Cr, B2-M level falls to or below 300 µg/g Cr and
CdB level falls to or below 5 µg/lwb, the employer shall:
(A) Periodically reassess the employee's occupational exposure
to cadmium;
(B) Provide biological monitoring in accordance with (b)(ii)(B)
of this subsection on a quarterly basis; and
(C) Provide semiannual medical examinations in accordance
with (d)(ii) of this subsection.
(d) Periodic medical surveillance.
(i) For each employee who is covered by medical surveillance
under (a)(i)(A) of this subsection because of current or anticipated
exposure to cadmium, the employer shall provide at least the
minimum level of periodic medical surveillance, which consists
of periodic medical examinations and periodic biological monitoring.
A periodic medical examination shall be provided within one
year after the initial examination required by (b) of this
subsection and thereafter at least biennially. Biological
sampling shall be provided at least annually either as part
of a periodic medical examination or separately as periodic
biological monitoring.
(ii) The periodic medical examination shall include:
(A) A detailed medical and work history, or update thereof,
with emphasis on: Past, present, and anticipated future
exposure to cadmium; smoking history and current status;
reproductive history; current use of medications with potential
nephrotoxic side-effects; any history of renal, cardiovascular,
respiratory, hematopoietic, and/or musculo-skeletal system
dysfunction; and as part of the medical and work history,
for employees who wear respirators, questions 3 through
11 and 25 through 32 in WAC
296-62-07447, Appendix D;
(B) A complete physical examination with emphasis on: Blood
pressure, the respiratory system, and the urinary system;
(C) A 14 inch by 17 inch, or a reasonably standard sized
posterior-anterior chest x-ray (after the initial x-ray,
the frequency of chest x-rays is to be determined by the
examining physician);
(D) Pulmonary function tests, including forced vital capacity
(FVC) and forced expiratory volume at 1 second (FEV1);
(E) Biological monitoring, as required in (b)(ii)(B) of
this subsection;
(F) Blood analysis, in addition to the analysis required
under (b)(ii)(B) of this subsection, including blood urea
nitrogen, complete blood count, and serum creatinine;
(G) Urinalysis, in addition to the analysis required under
(b)(ii)(B) of this subsection, including the determination
of albumin, glucose, and total and low molecular weight
proteins;
(H) For males over 40 years old, prostate palpation, or
other at least as effective diagnostic test(s); and
(I) Any additional tests or procedures deemed appropriate
by the examining physician.
(iii) Periodic biological monitoring shall be provided in
accordance with (b)(ii)(B) of this subsection.
(iv) If the results of periodic biological monitoring or
the results of biological monitoring performed as part of
the periodic medical examination show the level of the employee's
CdU, B2-M, or CdB to be in excess of the levels
specified in (c)(ii) and (iii) of this subsection; or, beginning
on January 1, 1999, in excess of the levels specified in (c)(ii)
or (iv) of this subsection, the employer shall take the appropriate
actions specified in (c)(ii) through (iv) of this subsection,
respectively.
(v) For previously exposed employees under (a)(i)(B) of this
subsection:
(A) If the employee's levels of CdU did not exceed 3 µg/g
Cr, CdB did not exceed 5 µg/lwb, and B2-M did
not exceed 300 µg/g Cr in the initial biological monitoring
tests, and if the results of the follow-up biological monitoring
required by (c)(i)(B) of this subsection one year after
the initial examination confirm the previous results, the
employer may discontinue all periodic medical surveillance
for that employee.
(B) If the initial biological monitoring results for CdU,
CdB, or B2-M were in excess of the levels specified
in (c)(i) of this subsection, but subsequent biological
monitoring results required by (c)(ii) through (iv) of this
subsection show that the employee's CdU levels no longer
exceed 3 µg/g Cr, CdB levels no longer exceed 5 µg/lwb,
and B2-M levels no longer exceed 300 µg/g Cr,
the employer shall provide biological monitoring for CdU,
CdB, and B2-M one year after these most recent
biological monitoring results. If the results of the follow-up
biological monitoring specified in this section, confirm
the previous results, the employer may discontinue all periodic
medical surveillance for that employee.
(C) However, if the results of the follow-up tests specified
in (d)(v)(A) or (B) of this subsection indicate that the
level of the employee's CdU, B2-M, or CdB exceeds
these same levels, the employer is required to provide annual
medical examinations in accordance with the provisions of
(d)(ii) of this subsection until the results of biological
monitoring are consistently below these levels or the examining
physician determines in a written medical opinion that further
medical surveillance is not required to protect the employee's
health.
(vi) A routine, biennial medical examination is not required
to be provided in accordance with (c)(i) and (d) of this subsection
if adequate medical records show that the employee has been
examined in accordance with the requirements of (d)(ii) of
this subsection within the past 12 months. In that case, such
records shall be maintained by the employer as part of the
employee's medical record, and the next routine, periodic
medical examination shall be made available to the employee
within two years of the previous examination.
(e) Actions triggered by medical examinations. If the results
of a medical examination carried out in accordance with this
section indicate any laboratory or clinical finding consistent
with cadmium toxicity that does not require employer action
under (b), (c), or (d) of this subsection, the employer shall
take the following steps and continue to take them until the
physician determines that they are no longer necessary.
(i) Periodically reassess: The employee's work practices
and personal hygiene; the employee's respirator use, if any;
the employee's smoking history and status; the respiratory
protection program; the hygiene facilities; the maintenance
and effectiveness of the relevant engineering controls; and
take all reasonable steps to correct the deficiencies found
in the reassessment that may be responsible for the employee's
excess exposure to cadmium.
(ii) Provide semiannual medical reexaminations to evaluate
the abnormal clinical sign(s) of cadmium toxicity until the
results are normal or the employee is medically removed; and
(iii) Where the results of tests for total proteins in urine
are abnormal, provide a more detailed medical evaluation of
the toxic effects of cadmium on the employee's renal system.
(f) Examination for respirator use.
(i) To determine an employee's fitness for respirator use,
the employer shall provide a medical examination that includes
the elements specified in (f)(i)(A) through (D) of this subsection.
This examination shall be provided prior to the employee's
being assigned to a job that requires the use of a respirator
or no later than 90 days after this section goes into effect,
whichever date is later, to any employee without a medical
examination within the preceding 12 months that satisfies
the requirements of this section.
(A) A detailed medical and work history, or update thereof,
with emphasis on: Past exposure to cadmium; smoking history
and current status; any history of renal, cardiovascular,
respiratory, hematopoietic, and/or musculo-skeletal system
dysfunction; a description of the job for which the respirator
is required; and questions 3 through 11 and 25 through 32
in WAC
296-62-07447, Appendix D;
(B) A blood pressure test;
(C) Biological monitoring of the employee's levels of CdU,
CdB and B2-M in accordance with the requirements
of (b)(ii)(B) of this subsection, unless such results already
have been obtained within the twelve months; and
(D) Any other test or procedure that the examining physician
deems appropriate.
(ii) After reviewing all the information obtained from the
medical examination required in (f)(i) of this subsection,
the physician shall determine whether the employee is fit
to wear a respirator.
(iii) Whenever an employee has exhibited difficulty in breathing
during a respirator fit test or during use of a respirator,
the employer, as soon as possible, shall provide the employee
with a periodic medical examination in accordance with (d)(ii)
of this subsection to determine the employee's fitness to
wear a respirator.
(iv) Where the results of the examination required under
(f)(i), (ii), or (iii) of this subsection are abnormal, medical
limitation or prohibition of respirator use shall be considered.
If the employee is allowed to wear a respirator, the employee's
ability to continue to do so shall be periodically evaluated
by a physician.
(g) Emergency examinations.
(i) In addition to the medical surveillance required in (b)
through (f) of this subsection, the employer shall provide
a medical examination as soon as possible to any employee
who may have been acutely exposed to cadmium because of an
emergency.
(ii) The examination shall include the requirements of (d)(ii),
of this subsection, with emphasis on the respiratory system,
other organ systems considered appropriate by the examining
physician, and symptoms of acute overexposure, as identified
in Appendix A, WAC
296-62-07441 (2)(b)(i) and (ii) and (4).
(h) Termination of employment examination.
(i) At termination of employment, the employer shall provide
a medical examination in accordance with (d)(ii) of this subsection,
including a chest x-ray where necessary, to any employee to
whom at any prior time the employer was required to provide
medical surveillance under (a)(i) or (g) of this subsection.
However, if the last examination satisfied the requirements
of (d)(ii) of this subsection and was less than six months
prior to the date of termination, no further examination is
required unless otherwise specified in (c) or (e) of this
subsection;
(ii) In addition, if the employer has discontinued all periodic
medical surveillance under (d)(v) of this subsection, no termination
of employment medical examination is required.
(i) Information provided to the physician. The employer shall
provide the following information to the examining physician:
(i) A copy of this standard and appendices;
(ii) A description of the affected employee's former, current,
and anticipated duties as they relate to the employee's occupational
exposure to cadmium;
(iii) The employee's former, current, and anticipated future
levels of occupational exposure to cadmium;
(iv) A description of any personal protective equipment,
including respirators, used or to be used by the employee,
including when and for how long the employee has used that
equipment; and
(v) Relevant results of previous biological monitoring and
medical examinations.
(j) Physician's written medical opinion.
(i) The employer shall promptly obtain a written, signed,
medical opinion from the examining physician for each medical
examination performed on each employee. This written opinion
shall contain:
(A) The physician's diagnosis for the employee;
(B) The physician's opinion as to whether the employee
has any detected medical condition(s) that would place the
employee at increased risk of material impairment to health
from further exposure to cadmium, including any indications
of potential cadmium toxicity;
(C) The results of any biological or other testing or related
evaluations that directly assess the employee's absorption
of cadmium;
(D) Any recommended removal from, or limitation on the
activities or duties of the employee or on the employee's
use of personal protective equipment, such as respirators;
(E) A statement that the physician has clearly and carefully
explained to the employee the results of the medical examination,
including all biological monitoring results and any medical
conditions related to cadmium exposure that require further
evaluation or treatment, and any limitation on the employee's
diet or use of medications.
(ii) The employer shall promptly obtain a copy of the results
of any biological monitoring provided by an employer to an
employee independently of a medical examination under (b)
and (d) of this subsection, and, in lieu of a written medical
opinion, an explanation sheet explaining those results.
(iii) The employer shall instruct the physician not to reveal
orally or in the written medical opinion given to the employer
specific findings or diagnoses unrelated to occupational exposure
to cadmium.
(k) Medical removal protection (MRP).
(i) General.
(A) The employer shall temporarily remove an employee from
work where there is excess exposure to cadmium on each occasion
that medical removal is required under (c), (d), or (f)
of this subsection and on each occasion that a physician
determines in a written medical opinion that the employee
should be removed from such exposure. The physician's determination
may be based on biological monitoring results, inability
to wear a respirator, evidence of illness, other signs or
symptoms of cadmium-related dysfunction or disease, or any
other reason deemed medically sufficient by the physician.
(B) The employer shall medically remove an employee in
accordance with (k) of this subsection regardless of whether
at the time of removal a job is available into which the
removed employee may be transferred.
(C) Whenever an employee is medically removed under (k)
of this subsection, the employer shall transfer the removed
employee to a job where the exposure to cadmium is within
the permissible levels specified in subsection (12) of this
section as soon as one becomes available.
(D) For any employee who is medically removed under the
provisions of (k)(i) of this subsection, the employer shall
provide follow-up medical examinations semiannually until,
in a written medical opinion, the examining physician determines
that either the employee may be returned to his/her former
job status or the employee must be permanently removed from
excess cadmium exposure.
(E) The employer may not return an employee who has been
medically removed for any reason to his/her former job status
until a physician determines in a written medical opinion
that continued medical removal is no longer necessary to
protect the employee's health.
(ii) Where an employee is found unfit to wear a respirator
under (f)(ii) of this subsection, the employer shall remove
the employee from work where exposure to cadmium is above
the PEL.
(iii) Where removal is based upon any reason other than the
employee's inability to wear a respirator, the employer shall
remove the employee from work where exposure to cadmium is
at or above the action level.
(iv) Except as specified in (k)(v) of this subsection, no
employee who was removed because his/her level of CdU, CdB
and/or B2-M exceeded the trigger levels in (c)
or (d) of this subsection may be returned to work with exposure
to cadmium at or above the action level until the employee's
levels of CdU fall to or below 3 µg/g Cr, CdB fall to or below
5 µg/lwb, and B2-M fall to or below 300 µg/g Cr.
(v) However, when in the examining physician's opinion continued
exposure to cadmium will not pose an increased risk to the
employee's health and there are special circumstances that
make continued medical removal an inappropriate remedy, the
physician shall fully discuss these matters with the employee,
and then in a written determination may return a worker to
his/her former job status despite what would otherwise be
unacceptably high biological monitoring results. Thereafter
and until such time as the employee's biological monitoring
results have decreased to levels where he/she could have been
returned to his/her former job status, the returned employee
shall continue medical surveillance as if he/she were still
on medical removal. Until such time, the employee is no longer
subject to mandatory medical removal. Subsequent questions
regarding the employee's medical removal shall be decided
solely by a final medical determination.
(vi) Where an employer, although not required by this section
to do so, removes an employee from exposure to cadmium or
otherwise places limitations on an employee due to the effects
of cadmium exposure on the employee's medical condition, the
employer shall provide the same medical removal protection
benefits to that employee under (l) of this subsection as
would have been provided had the removal been required under
(k) of this subsection.
(l) Medical removal protection benefits.
(i) The employer shall provide medical removal protection
benefits to an employee for up to a maximum of 18 months each
time, and while the employee is temporarily medically removed
under (k) of this subsection.
(ii) For purposes of this section, the requirement that the
employer provide medical removal protection benefits means
that the employer shall maintain the total normal earnings,
seniority, and all other employee rights and benefits of the
removed employee, including the employee's right to his/her
former job status, as if the employee had not been removed
from the employee's job or otherwise medically limited.
(iii) Where, after 18 months on medical removal because of
elevated biological monitoring results, the employee's monitoring
results have not declined to a low enough level to permit
the employee to be returned to his/her former job status:
(A) The employer shall make available to the employee a
medical examination pursuant to this section in order to
obtain a final medical determination as to whether the employee
may be returned to his/her former job status or must be
permanently removed from excess cadmium exposure; and
(B) The employer shall assure that the final medical determination
indicates whether the employee may be returned to his/her
former job status and what steps, if any, should be taken
to protect the employee's health.
(iv) The employer may condition the provision of medical
removal protection benefits upon the employee's participation
in medical surveillance provided in accordance with this section.
(m) Multiple physician review.
(i) If the employer selects the initial physician to conduct
any medical examination or consultation provided to an employee
under this section, the employee may designate a second physician
to:
(A) Review any findings, determinations, or recommendations
of the initial physician; and
(B) Conduct such examinations, consultations, and laboratory
tests as the second physician deems necessary to facilitate
this review.
(ii) The employer shall promptly notify an employee of the
right to seek a second medical opinion after each occasion
that an initial physician provided by the employer conducts
a medical examination or consultation pursuant to this section.
The employer may condition its participation in, and payment
for, multiple physician review upon the employee doing the
following within fifteen (15) days after receipt of this notice,
or receipt of the initial physician's written opinion, whichever
is later:
(A) Informing the employer that he or she intends to seek
a medical opinion; and
(B) Initiating steps to make an appointment with a second
physician.
(iii) If the findings, determinations, or recommendations
of the second physician differ from those of the initial physician,
then the employer and the employee shall assure that efforts
are made for the two physicians to resolve any disagreement.
(iv) If the two physicians have been unable to quickly resolve
their disagreement, then the employer and the employee, through
their respective physicians, shall designate a third physician
to:
(A) Review any findings, determinations, or recommendations
of the other two physicians; and
(B) Conduct such examinations, consultations, laboratory
tests, and discussions with the other two physicians as
the third physician deems necessary to resolve the disagreement
among them.
(v) The employer shall act consistently with the findings,
determinations, and recommendations of the third physician,
unless the employer and the employee reach an agreement that
is consistent with the recommendations of at least one of
the other two physicians.
(n) Alternate physician determination. The employer and an
employee or designated employee representative may agree upon
the use of any alternate form of physician determination in
lieu of the multiple physician review provided by (m) of this
subsection, so long as the alternative is expeditious and at
least as protective of the employee.
(o) Information the employer must provide the employee.
(i) The employer shall provide a copy of the physician's
written medical opinion to the examined employee within five
working days after receipt thereof.
(ii) The employer shall provide the employee with a copy
of the employee's biological monitoring results and an explanation
sheet explaining the results within five working days after
receipt thereof.
(iii) Within 30 days after a request by an employee, the
employer shall provide the employee with the information the
employer is required to provide the examining physician under
(i) of this subsection.
(p) Reporting. In addition to other medical events that are
required to be reported on the OSHA Form No. 200, the employer
shall report any abnormal condition or disorder caused by occupational
exposure to cadmium associated with employment as specified
in Chapter (V)(E) of the Bureau of Labor Statistics Recordkeeping
Guidelines for Occupational Injuries and Illnesses.
(13) Communication of cadmium hazards to employees
(a) General. In communications concerning cadmium hazards,
employers shall comply with the requirements of WISHA's Hazard
Communication Standard, chapter
296-62 WAC, Part C, including but not limited to the requirements
concerning warning signs and labels, material safety data sheets
(MSDS), and employee information and training. In addition,
employers shall comply with the following requirements:
(b) Warning signs.
(i) Warning signs shall be provided and displayed in regulated
areas. In addition, warning signs shall be posted at all approaches
to regulated areas so that an employee may read the signs
and take necessary protective steps before entering the area.
(ii) Warning signs required by (b)(i) of this subsection
shall bear the following information:
Danger,
Cadmium, Cancer Hazard, Can Cause Lung and Kidney Disease,
Authorized
Personnel Only, Respirators Required In This Area
(iii) The employer shall assure that signs required by this
section are illuminated, cleaned, and maintained as necessary
so that the legend is readily visible.
(c) Warning labels.
(i) Shipping and storage containers containing cadmium, cadmium
compounds, or cadmium contaminated clothing, equipment, waste,
scrap, or debris shall bear appropriate warning labels, as
specified in (c)(ii) of this subsection.
(ii) The warning labels shall include at least the following
information:
Danger,
Contains Cadmium, Cancer Hazard, Avoid Creating Dust,
Can
Cause Lung And Kidney Disease
(iii) Where feasible, installed cadmium products shall have
a visible label or other indication that cadmium is present.
(d) Employee information and training.
(i) The employer shall institute a training program for all
employees who are potentially exposed to cadmium, assure employee
participation in the program, and maintain a record of the
contents of such program.
(ii) Training shall be provided prior to or at the time of
initial assignment to a job involving potential exposure to
cadmium and at least annually thereafter.
(iii) The employer shall make the training program understandable
to the employee and shall assure that each employee is informed
of the following:
(A) The health hazards associated with cadmium exposure,
with special attention to the information incorporated in
WAC
296-62-07441, Appendix A;
(B) The quantity, location, manner of use, release, and
storage of cadmium in the workplace and the specific nature
of operations that could result in exposure to cadmium,
especially exposures above the PEL;
(C) The engineering controls and work practices associated
with the employee's job assignment;
(D) The measures employees can take to protect themselves
from exposure to cadmium, including modification of such
habits as smoking and personal hygiene, and specific procedures
the employer has implemented to protect employees from exposure
to cadmium such as appropriate work practices, emergency
procedures, and the provision of personal protective equipment;
(E) The purpose, proper selection, fitting, proper use,
and limitations of respirators and protective clothing;
(F) The purpose and a description of the medical surveillance
program required by subsection (12) of this section;
(G) The contents of this section and its appendices; and
(H) The employee's rights of access to records under chapter
296-802
WAC.
(iv) Additional access to information and training program
and materials.
(A) The employer shall make a copy of this section and
its appendices readily available to all affected employees
and shall provide a copy without cost if requested.
(B) Upon request, the employer shall provide to the director
or authorized representative, all materials relating to
the employee information and the training program.
(e) Multi-employer workplace. In a multi-employer workplace,
an employer who produces, uses, or stores cadmium in a manner
that may expose employees of other employers to cadmium shall
notify those employers of the potential hazard in accordance
with WAC
296-800-170 of
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