WAC
296-62-08003 Hexavalent chromium. Scope. This standard
applies to occupational exposures to chromium (VI) in all forms
and compounds in general industry; construction; shipyards,
marine terminals, and longshoring, except:
• Agricultural operations covered by chapter
296-307 WAC, Safety standards for agriculture.
• Exposures that occur in the application
of pesticides regulated by the Washington state department
of agriculture or another federal government agency (e.g.,
the treatment of wood with preservatives);
• Exposures to portland cement; or
• Where the employer has objective data
demonstrating that a material containing chromium or a specific
process, operation, or activity involving chromium cannot release
dusts, fumes, or mists of chromium (VI) in concentrations at
or above 0.5 (mu)g/m\3\ as an 8-hour time-weighted average
(TWA) under any expected conditions of use.
WAC
296-62-08005 Definitions. For the purposes of this section
the following definitions apply:
Action level means a concentration of airborne chromium (VI) of 2.5 micrograms
per cubic meter of air (2.5 (mu)g/m\3\) calculated as an 8-hour time-weighted
average (TWA).
Chromium (VI) (hexavalent chromium or Cr(VI))
means chromium with a valence of positive six, in any form and
in any compound.
Emergency means any occurrence that results, or
is likely to result, in an uncontrolled release of chromium (VI).
If an incidental release of chromium (VI) can be controlled at
the time of release by employees in the immediate release area,
or by maintenance personnel, it is not an emergency.
Employee exposure means the exposure to airborne chromium (VI) that would occur
if the employee were not using a respirator.
High-efficiency particulate air (HEPA) filter
means a filter that is at least 99.97 percent efficient in removing
mono-dispersed particles of 0.3 micrometers in diameter or larger.
Historical monitoring data means data from chromium
(VI) monitoring conducted prior to July 31, 2006, obtained during
work operations conducted under workplace conditions closely
resembling the processes, types of material, control methods,
work practices, and environmental conditions in the employer's
current operations.
Objective data means information such as air monitoring
data from industry-wide surveys or calculations based on the
composition or chemical and physical properties of a substance
demonstrating the employee exposure to chromium (VI) associated
with a particular product or material or a specific process,
operation, or activity. The data must reflect workplace conditions
closely resembling the processes, types of material, control
methods, work practices, and environmental conditions in the
employer's current operations.
Physician or other licensed health care professional
(PLHCP) is an individual whose legally permitted scope of practice
(i.e., license, registration, or certification) allows him or
her to independently provide or be delegated the responsibility
to provide some or all of the particular health care services
required by WAC 296-62-08023.
Regulated area means an area, demarcated by the
employer, where an employee's exposure to airborne concentrations
of chromium (VI) exceeds, or can reasonably be expected to exceed,
the PEL.
WAC
296-62-08007 Permissible exposure limit (PEL). Permissible
exposure limit (PEL). The employer shall ensure that
no employee is exposed to an airborne concentration of chromium
(VI) in excess of 5 micrograms per cubic meter of air (5 (mu)g/m\3\),
calculated as an 8-hour time-weighted average (TWA).
(1) General. Each employer who has a workplace
or work operation covered by this section shall determine the
8-hour TWA exposure for each employee exposed to chromium (VI).
This determination shall be made in accordance with either subsection
(2) or (3) of this section.
(2) Scheduled monitoring option.
(a) The employer shall perform initial monitoring
to determine the 8-hour TWA exposure for each employee on the
basis of a sufficient number of personal breathing zone air
samples to accurately characterize full shift exposure on each
shift, for each job classification, in each work area. Where
an employer does representative sampling instead of sampling
all employees in order to meet this requirement, the employer
shall sample the employee(s) expected to have the highest chromium
(VI) exposures.
(b) If initial monitoring indicates that employee
exposures are below the action level, the employer may discontinue
monitoring for those employees whose exposures are represented
by such monitoring.
(c) If monitoring reveals employee exposures
to be at or above the action level, the employer shall perform
periodic monitoring at least every six months.
(d) If monitoring reveals employee exposures
to be above the PEL, the employer shall perform periodic monitoring
at least every three months.
(e) If periodic monitoring indicates that employee
exposures are below the action level, and the result is confirmed
by the result 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.
(f) The employer shall perform additional monitoring
when there has been any change in the production process, raw
materials, equipment, personnel, work practices, or control
methods that may result in new or additional exposures to chromium
(VI), or when the employer has any reason to believe that new
or additional exposures have occurred.
(3) Performance-oriented option. The employer
shall determine the 8-hour TWA exposure for each employee on
the basis of any combination of air monitoring data, historical
monitoring data, or objective data sufficient to accurately characterize
employee exposure to chromium (VI).
(4) Employee notification of determination results.
(a) In general industry where the exposure determination
indicates that employee exposure exceeds the PEL, within fifteen
working days the employer shall either post the results in
an appropriate location that is accessible to all affected
employees or shall notify each affected employee individually
in writing of the results.
(b) In construction and shipyards, marine terminals,
and longshoring where the exposure determination indicates
that employee exposure exceeds the PEL, as soon as possible
but not more than five working days later the employer shall
either post the results in an appropriate location that is
accessible to all affected employees or shall notify each affected
employee individually in writing of the results.
(c) Whenever the exposure determination indicates
that employee exposure is above the PEL, the employer shall
describe in the written notification the corrective action
being taken to reduce employee exposure to or below the PEL.
(5) Accuracy of measurement. Where air monitoring
is performed to comply with the requirements of this section,
the employer shall use a method of monitoring and analysis that
can measure chromium (VI) to within an accuracy of plus or minus
twenty-five percent and can produce accurate measurements to
within a statistical confidence level of ninety-five percent
for airborne concentrations at or above the action level.
(6) Observation of monitoring.
(a) Where air monitoring is performed to comply
with the requirements of this section, the employer shall provide
affected employees or their designated representatives an opportunity
to observe any monitoring of employee exposure to chromium
(VI).
(b) When observation of monitoring requires
entry into an area where the use of protective clothing or
equipment is required, the employer shall provide the observer
with clothing and equipment and shall assure that the observer
uses such clothing and equipment and complies with all other
applicable safety and health procedures.
Exemption: This section does not apply to construction,
shipyards, marine terminals or longshoring.
(1) Establishment. The employer shall establish
a regulated area wherever an employee's exposure to airborne
concentrations of chromium (VI) is, or can reasonably be expected
to be, in excess of the PEL.
(2) Demarcation. The employer shall ensure that
regulated areas are demarcated from the rest of the workplace
in a manner that adequately establishes and alerts employees
of the boundaries of the regulated area.
(3) Access. The employer shall limit access to
regulated areas to:
(a) Persons authorized by the employer and required
by work duties to be present in the regulated area;
(b) Any person entering such an area as a designated
representative of employees for the purpose of exercising the
right to observe monitoring procedures under WAC 296-62-08009;
(c) Any person authorized by the Washington
Industrial Safety and Health Act (WISHA) or regulations issued
under it to be in a regulated area.
(a) Except as permitted in (c) of this subsection,
the employer shall use engineering and work practice controls
to reduce and maintain employee exposure to chromium (VI) to
or below the PEL unless the employer can demonstrate that such
controls are not feasible. Wherever feasible engineering and
work practice controls are not sufficient to reduce employee
exposure to or below the PEL, the employer shall use them to
reduce employee exposure to the lowest levels achievable, and
shall supplement them by the use of respiratory protection
that complies with the requirements of WAC 296-62-08015.
Exemption: This (b) does not apply to construction,
shipyards, marine terminals and longshoring.
(b) Where painting of aircraft or large aircraft
parts is performed in the aerospace industry, the employer
shall use engineering and work practice controls to reduce
and maintain employee exposure to chromium (VI) to or below
25 (mu)g/m\3\ unless the employer can demonstrate that such
controls are not feasible. The employer shall supplement such
engineering and work practice controls with the use of respiratory
protection that complies with the requirements of WAC 296-62-08015
to achieve the PEL.
(c) Where the employer can demonstrate that
a process or task does not result in any employee exposure
to chromium (VI) above the PEL for thirty or more days per
year (twelve consecutive months), the requirement to implement
engineering and work practice controls to achieve the PEL does
not apply to that process or task.
(2) Prohibition of rotation. The employer shall
not rotate employees to different jobs to achieve compliance
with the PEL.
(1) General. The employer shall provide respiratory
protection for employees during:
(a) Periods necessary to install or implement
feasible engineering and work practice controls;
(b) Work operations, such as maintenance and
repair activities, for which engineering and work practice
controls are not feasible;
(c) Work operations for which an employer has
implemented all feasible engineering and work practice controls
and such controls are not sufficient to reduce exposures to
or below the PEL;
(d) Work operations where employees are exposed
above the PEL for fewer than thirty days per year, and the
employer has elected not to implement engineering and work
practice controls to achieve the PEL; or
(e) Emergencies.
(2) Respiratory protection program. Where respirator
use is required by this section, the employer shall institute
a respiratory protection program in accordance with chapter 296-842
WAC, Respirators.
WAC
296-62-08017 Protective work clothing and equipment.
(1) Provision and use. Where a hazard is present
or is likely to be present from skin or eye contact with chromium
(VI), the employer shall provide appropriate personal protective
clothing and equipment at no cost to employees, and shall ensure
that employees use such clothing and equipment.
(2) Removal and storage.
(a) The employer shall ensure that employees
remove all protective clothing and equipment contaminated with
chromium (VI) at the end of the work shift or at the completion
of their tasks involving chromium (VI) exposure, whichever
comes first.
(b) The employer shall ensure that no employee
removes chromium (VI) contaminated protective clothing or equipment
from the workplace, except for those employees whose job it
is to launder, clean, maintain, or dispose of such clothing
or equipment.
(c) When contaminated protective clothing or
equipment is removed for laundering, cleaning, maintenance,
or disposal, the employer shall ensure that it is stored and
transported in sealed, impermeable bags or other closed, impermeable
containers.
(d) Bags or containers of contaminated protective
clothing or equipment that are removed from change rooms for
laundering, cleaning, maintenance, or disposal shall be labeled
in accordance with the requirements of WAC 296-800-170, Employer
chemical hazard communication.
(3) Cleaning and replacement.
(a) The employer shall clean, launder, repair
and replace all protective clothing and equipment required
by this section as needed to maintain its effectiveness.
(b) The employer shall prohibit the removal
of chromium (VI) from protective clothing and equipment by
blowing, shaking, or any other means that disperses chromium
(VI) into the air or onto an employee's body.
(c) The employer shall inform any person who
launders or cleans protective clothing or equipment contaminated
with chromium (VI) of the potentially harmful effects of exposure
to chromium (VI) and that the clothing and equipment should
be laundered or cleaned in a manner that minimizes skin or
eye contact with chromium (VI) and effectively prevents the
release of airborne chromium (VI) in excess of the PEL.
(a) General industry, shipyards, marine terminals
and longshoring. Where protective clothing and equipment is
required, the employer shall provide change rooms in conformance
with WAC 296-800-230, Sanitation and hygiene facilities and
procedures. Where skin contact with chromium (VI) occurs, the
employer shall provide washing facilities in conformance with
WAC 296-800-230, Sanitation and hygiene facilities and procedures.
Eating and drinking areas provided by the employer shall also
be in conformance with WAC 296-800-230, Sanitation and hygiene
facilities and procedures.
(b) Construction. Where protective clothing
and equipment is required, the employer shall provide change
rooms in conformance with WAC 296-155-17321, Hygiene facilities
and practices. Where skin contact with chromium (VI) occurs,
the employer shall provide washing facilities in conformance
with WAC 296-155-17321, Hygiene facilities and practices. Eating
and drinking areas provided by the employer shall also be in
conformance with WAC 296-155-17321, Hygiene facilities and
practices.
(2) Change rooms. The employer shall assure that
change rooms are equipped with separate storage facilities for
protective clothing and equipment and for street clothes, and
that these facilities prevent cross-contamination.
(3) Washing facilities.
(a) The employer shall provide readily accessible
washing facilities capable of removing chromium (VI) from the
skin, and shall ensure that affected employees use these facilities
when necessary.
(b) The employer shall ensure that employees
who have skin contact with chromium (VI) wash their hands and
faces at the end of the work shift and prior to eating, drinking,
smoking, chewing tobacco or gum, applying cosmetics, or using
the toilet.
(4) Eating and drinking areas.
(a) Whenever the employer allows employees to
consume food or beverages at a worksite where chromium (VI)
is present, the employer shall ensure that eating and drinking
areas and surfaces are maintained as free as practicable of
chromium (VI).
(b) The employer shall ensure that employees
do not enter eating and drinking areas with protective work
clothing or equipment unless surface chromium (VI) has been
removed from the clothing and equipment by methods that do
not disperse chromium (VI) into the air or onto an employee's
body.
(5) Prohibited activities. The employer shall
ensure that employees do not eat, drink, smoke, chew tobacco
or gum, or apply cosmetics in areas where skin or eye contact
with chromium (VI) occurs; or carry the products associated with
these activities, or store such products in these areas.
Exemption: This section does not apply to construction,
shipyards, marine terminals and longshoring.
(1) General. The employer shall ensure that:
(a) All surfaces are maintained as free as practicable
of accumulations of chromium (VI).
(b) All spills and releases of chromium (VI)
containing material are cleaned up promptly.
(2) Cleaning methods.
(a) The employer shall ensure that surfaces
contaminated with chromium (VI) are cleaned by HEPA-filter
vacuuming or other methods that minimize the likelihood of
exposure to chromium (VI).
(b) Dry shoveling, dry sweeping, and dry brushing
may be used only where HEPA-filtered vacuuming or other methods
that minimize the likelihood of exposure to chromium (VI) have
been tried and found not to be effective.
(c) The employer shall not allow compressed
air to be used to remove chromium (VI) from any surface unless:
(i) The compressed air is used in conjunction
with a ventilation system designed to capture the dust cloud
created by the compressed air; or
(ii) No alternative method is feasible.
(d) The employer shall ensure that cleaning
equipment is handled in a manner that minimizes the reentry
of chromium (VI) into the workplace.
(3) Disposal. The employer shall ensure that:
(a) Waste, scrap, debris, and any other materials
contaminated with chromium (VI) and consigned for disposal
are collected and disposed of in sealed, impermeable bags or
other closed, impermeable containers.
(b) Bags or containers of waste, scrap, debris,
and any other materials contaminated with chromium (VI) that
are consigned for disposal are labeled in accordance with the
requirements of WAC 296-800-170, Employer chemical hazard communication.
(a) The employer shall make medical surveillance
available at no cost to the employee, and at a reasonable time
and place, for all employees:
(i) Who are or may be occupationally exposed
to chromium (VI) at or above the action level for thirty
or more days a year;
(ii) Experiencing signs or symptoms of the
adverse health effects associated with chromium (VI) exposure;
or
(iii) Exposed in an emergency.
(b) The employer shall assure that all medical
examinations and procedures required by this section are performed
by or under the supervision of a PLHCP.
(2) Frequency. The employer shall provide a medical
examination:
(a) Within thirty days after initial assignment,
unless the employee has received a chromium (VI) related medical
examination that meets the requirements of this paragraph within
the last twelve months;
(b) Annually;
(c) Within thirty days after a PLHCP's written
medical opinion recommends an additional examination;
(d) Whenever an employee shows signs or symptoms
of the adverse health effects associated with chromium (VI)
exposure;
(e) Within thirty days after exposure during
an emergency which results in an uncontrolled release of chromium
(VI); or
(f) At the termination of employment, unless
the last examination that satisfied the requirements of WAC
296-62-08023, Medical surveillance was less than six months
prior to the date of termination.
(3) Contents of examination. A medical examination
consists of:
(a) A medical and work history, with emphasis
on: Past, present, and anticipated future exposure to chromium
(VI); any history of respiratory system dysfunction; any history
of asthma, dermatitis, skin ulceration, or nasal septum perforation;
and smoking status and history;
(b) A physical examination of the skin and respiratory
tract; and
(c) Any additional tests deemed appropriate
by the examining PLHCP.
(4) Information provided to the PLHCP. The employer
shall ensure that the examining PLHCP has a copy of this standard,
and shall provide the following information:
(a) A description of the affected employee's
former, current, and anticipated duties as they relate to the
employee's occupational exposure to chromium (VI);
(b) The employee's former, current, and anticipated
levels of occupational exposure to chromium (VI);
(c) A description of any personal protective
equipment used or to be used by the employee, including when
and for how long the employee has used that equipment; and
(d) Information from records of employment-related
medical examinations previously provided to the affected employee,
currently within the control of the employer.
(5) PLHCP's written medical opinion.
(a) The employer shall obtain a written medical
opinion from the PLHCP, within thirty days for each medical
examination performed on each employee, which contains:
(i) The PLHCP'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 chromium (VI);
(ii) Any recommended limitations upon the
employee's exposure to chromium (VI) or upon the use of personal
protective equipment such as respirators;
(iii) A statement that the PLHCP has explained
to the employee the results of the medical examination, including
any medical conditions related to chromium (VI) exposure
that require further evaluation or treatment, and any special
provisions for use of protective clothing or equipment.
(b) The PLHCP shall not reveal to the employer
specific findings or diagnoses unrelated to occupational exposure
to chromium (VI).
(c) The employer shall provide a copy of the
PLHCP's written medical opinion to the examined employee within
two weeks after receiving it.
WAC
296-62-08025 Communication of chromium (VI) hazards to employees.
(1) General. In addition to the requirements of
WAC 296-800-170, Employer chemical hazard communication, employers
shall comply with the following requirements.
(2) Employee information and training.
(a) The employer shall ensure that each employee
can demonstrate knowledge of at least the following:
(i) The contents of this section; and
(ii) The purpose and a description of the
medical surveillance program required by (a)(i) of this subsection.
(b) The employer shall make a copy of this section
readily available without cost to all affected employees.
(a) The employer shall maintain an accurate
record of all air monitoring conducted to comply with the requirements
of this section.
(b) This record shall include at least the following
information:
(i) The date of measurement for each sample
taken;
(ii) The operation involving exposure to chromium
(VI) that is being monitored;
(iii) Sampling and analytical methods used
and evidence of their accuracy;
(iv) Number, duration, and the results of
samples taken;
(v) Type of personal protective equipment,
such as respirators worn; and
(vi) Name, Social Security number, and job
classification of all employees represented by the monitoring,
indicating which employees were actually monitored.
(c) The employer shall ensure that exposure
records are maintained and made available in accordance with
chapter 296-802 WAC, Employee medical and exposure records.
(2) Historical monitoring data.
(a) Where the employer has relied on historical
monitoring data to determine exposure to chromium (VI), the
employer shall establish and maintain an accurate record of
the historical monitoring data relied upon.
(b) The record shall include information that
reflects the following conditions:
(i) The data were collected using methods
that meet the accuracy requirements of WAC 296-62-08009(5);
(ii) 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 exposure is being determined;
(iii) The characteristics of the chromium
(VI) containing material being handled when the historical
monitoring data were obtained are the same as those on the
job for which exposure is being determined;
(iv) Environmental conditions prevailing when
the historical monitoring data were obtained are the same
as those on the job for which exposure is being determined;
and
(v) Other data relevant to the operations,
materials, processing, or employee exposures covered by the
exception.
(c) The employer shall ensure that historical
exposure records are maintained and made available in accordance
with chapter 296-802 WAC, Employee medical and exposure records.
(3) Objective data.
(a) The employer shall maintain an accurate
record of all objective data relied upon to comply with the
requirements of this section.
(b) This record shall include at least the following
information:
(i) The chromium (VI) containing material
in question;
(ii) The source of the objective data;
(iii) The testing protocol and results of
testing, or analysis of the material for the release of chromium
(VI);
(iv) A description of the process, operation,
or activity and how the data support the determination; and
(v) Other data relevant to the process, operation,
activity, material, or employee exposures.
(c) The employer shall ensure that objective
data are maintained and made available in accordance with chapter
296-802 WAC, Employee medical and exposure records.
(4) Medical surveillance.
(a) The employer shall establish and maintain
an accurate record for each employee covered by medical surveillance
under WAC 296-62-08023, Medical surveillance.
(b) The record shall include the following information
about the employee:
(i) Name and Social Security number;
(ii) A copy of the PLHCP's written opinions;
(iii) A copy of the information provided to
the PLHCP as required by WAC 296-62-08023(4).
(c) The employer shall ensure that medical records
are maintained and made available in accordance with chapter
296-802 WAC, Employee medical and exposure records.
(1) For employers with twenty or more employees,
all obligations of this section, except engineering controls
required by WAC 296-62-08013, commence November 27, 2006.
(2) For employers with nineteen or fewer employees,
all obligations of this section, except engineering controls
required by WAC 296-62-08013, commence May 30, 2007.
(3) For all employers, engineering controls required
by WAC 296-62-08013 shall be implemented no later than May 31,
2010.
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