OSHA Instruction CPL 2.35 CH-12 Jul 9, 1990 Office of General Industry Compliance Assistance

Subject: Changes to the Regulatory and General Industry Standard Alleged Violation Elements (SAVEs) Manual

A. PURPOSE. This instruction transmits revised and new pages to the Regulatory and General Industry SAVEs Manual for Air Contaminants and Occupational Exposure to Benzene.

B. SCOPE. This instruction applies OSHA-wide.

C. ACTION. Regional Administrators and Area Directors shall ensure that all compliance personnel:

1. Make the following page changes to the Regulatory and General Industry (SAVEs) Manual:

630.1 through 630.28

2. File a copy of this transmittal sheet behind OSHA Instruction CPL 2.35 CH-11 in the appropriate OSHA Directives System binder.

D. BACKGROUND. Revisions to 29 CFR 1910.1000, Air Contaminants, and Final Rules and Regulations for 29 CFR 1910.1000, Air Contaminants, were published in the Federal Register, Vol.84, No. 12, on January 19, 1989, and revisions to 29 CFR 1910.1028, Occupational Exposure to Benzene, published in the Federal Register, Vol. 52, No. 176 on September 11, 1987.

OSHA Instruction CPL 2.35 CH-12 July 9, 1990 Office of General Industry Compliance Assistance

E. STATE PLAN STATES. Regional Administrators shall advise State designees of the action required by this instruction and encourage their participation in the SAVEs program.

Patricia K. Clark, Director Designate Directorate of Compliance Programs

DISTRIBUTION: National, Regional, and Area Offices Compliance Officers State Designees Area Office Clericals 11(c)/405 Programs NIOSH Regional Program Directors

OSHA Instruction CPL 2.35 CH-12 Jul 9, 1990 Office of General Industry Compliance Assistance

1 29 CFR 1910.440(b)(3)(vii): Records of hospitalizations required by this standard were not retained by the employer for a period of five (5) years:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS AND THE NUMBER OF EMPLOYEES EXPOSED)

2 29 CFR 1910.1000(a)(1): Employee(s) were exposed to an airborne concentration of (IDENTIFY MATERIAL) listed in Table Z-1-A (Transitional Limits column) in excess of as a Ceiling concentration:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS AND THE NUMBER OF EMPLOYEES EXPOSED) (DESCRIBE CONDITIONS AND EXPOSURE LEVELS, SHIFT, AND DATE)

NOTE: THIS SAVE MUST BE GROUPED WITH THE SAVE FOR 29 CFR 1910.1000(e) AND/OR, WHERE APPROPRIATE RESPIRATORS WERE NOT PROVIDED OR WERE USED IMPROPERLY, THE APPROPRIATE SAVE(S) FROM 29 CFR 1910.134 TO INDICATE WHAT CORRECTIONS WERE REQUIRED.

3 29 CFR 1910.1000(a)(2): Employee(s) were exposed to an airborne concentration of (IDENTIFY MATERIAL) listed in Table Z-1-A (Transitional Limits column) in excess of as an 8-hour Time Weighted Average concentration:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS AND THE NUMBER OF EMPLOYEES EXPOSED) (DESCRIBE CONDITIONS AND EXPOSURE LEVELS, SHIFT, AND DATE)

NOTE: THIS SAVE MUST BE GROUPED WITH THE SAVE FOR 29 CFR 1910.1000(e) AND/OR, WHERE APPROPRIATE RESPIRATORS WERE NOT PROVIDED OR WERE USED IMPROPERLY, THE APPROPRIATE SAVE(S) FROM 29 CFR 1910.134 TO INDICATE WHAT CORRECTIONS WERE REQUIRED.

OSHA Instruction CPL 2.35 CH-12 Jul 9, 1990 Office of General Industry Compliance Assistance

1 29 CFR 1910.1000(a)(3): Employee(s) were exposed to an airborne concentration of (IDENTIFY MATERIAL) listed in Table Z-1-A (Final Rule Limits column) in excess of: ENTER THE APPROPRIATE OPTION:

OPTION 1

_____________as an 8-hour Time Weighted Average concentration:

OPTION 2

_____________as a 15-minute Short-Term Exposure Limit concentration:

OPTION 3

_____________as a Ceiling Limit concentration:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS AND THE NUMBER OF EMPLOYEES EXPOSED) (DESCRIBE CONDITIONS AND EXPOSURE LEVELS, SHIFT, AND DATE)

NOTE: THIS SAVE MUST BE GROUPED WITH THE SAVE FOR 29 CFR 1910.1000(f)(2)(i) AND/OR, WHERE APPROPRIATE RESPIRATORS WERE NOT PROVIDED OR WERE USED IMPROPERLY, THE APPROPRIATE SAVE(S) FROM 29 CFR 1910.134 TO INDICATE WHAT CORRECTIONS WERE REQUIRED.

2 29 CFR 1910.1000(a)(4): Employee(s) skin exposure to (IDENTIFY MATERIAL) listed in Table Z-1-A with an "X" in one or both of the Skin Designation columns was not prevented or reduced to the extent necessary through the use of gloves, coveralls, goggles, or other appropriate personal protective equipment, engineering controls, or work practices:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS AND THE NUMBER OF EMPLOYEES EXPOSED) (DESCRIBE CONDITIONS AND EXPOSURE LEVELS, SHIFT, AND DATE)

OSHA Instruction CPL 2.35 CH-12 Jul 9, 1990 Office of General Industry Compliance Assistance

concentrations of (IDENTIFY MATERIAL), listed in Table Z-2, in excess of _________________ as an 8-hour Time Weighted Average concentration:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS AND THE NUMBER OF EMPLOYEES EXPOSED) (DESCRIBE CONDITIONS AND EXPOSURE LEVELS, SHIFT, AND DATE)

NOTE: THIS SAVE MUST BE GROUPED WITH THE SAVE FOR 29 CFR 1910.1000(e) AND/OR, WHERE APPROPRIATE RESPIRATORS WERE NOT PROVIDED OR WERE USED IMPROPERLY, THE APPROPRIATE SAVE(S) FROM 29 CFR 1910.134 TO INDICATE WHAT CORRECTIONS WERE REQUIRED.

OPTION 1 2 29 CFR 1910.1000(b)(2): Employees were exposed to airborne concentrations of (IDENTIFY MATERIAL), listed in Table Z-2, in excess of _____________________ as an acceptable Ceiling concentration:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS AND THE NUMBER OF EMPLOYEES EXPOSED) (DESCRIBE CONDITIONS AND EXPOSURE LEVELS, SHIFT, AND DATE)

NOTE: THIS SAVE MUST BE GROUPED WITH THE SAVE FOR 29 CFR 1910.1000(e) AND/OR, WHERE APPROPRIATE RESPIRATORS WERE NOT PROVIDED OR WERE USED IMPROPERLY, THE APPROPRIATE SAVE(S) FROM 29 CFR 1910.134 TO INDICATE WHAT CORRECTIONS WERE REQUIRED.

OSHA Instruction CPL 2.35 CH-12 Jul 9, 1990 Office of General Industry Compliance Assistance

OPTION 2 1 29 CFR 1910.1000(b)(2): Employees were exposed to airborne concentrations of (IDENTIFY MATERIAL), listed in Table Z-2, in excess of _________________ as an acceptable Maximum Peak concentration:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS AND THE NUMBER OF EMPLOYEES EXPOSED) (DESCRIBE CONDITIONS AND EXPOSURE LEVELS, SHIFT, AND DATE)

NOTE: THIS SAVE MUST BE GROUPED WITH THE SAVE FOR 29 CFR 1910.1000(e) AND/OR, WHERE APPROPRIATE RESPIRATORS WERE NOT PROVIDED OR WERE USED IMPROPERLY, THE APPROPRIATE SAVE(S) FROM 29 CFR 1910.134 TO INDICATE WHAT CORRECTIONS WERE REQUIRED.

2 29 CFR 1910.1000(c): Employee(s) were exposed to (IDENTIFY MATERIAL) listed in Table Z-3 in excess of ____________ as an 8-hour Time Weighted Average concentration:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS AND THE NUMBER OF EMPLOYEES EXPOSED) (DESCRIBE CONDITIONS AND EXPOSURE LEVELS, SHIFT, AND DATE)

NOTE: THIS SAVE MUST BE GROUPED WITH THE SAVE FOR 29 CFR 1910.1000(e) AND/OR, WHERE APPROPRIATE RESPIRATORS WERE NOT PROVIDED OR WERE USED IMPROPERLY, THE APPROPRIATE SAVE(S) FROM 29 CFR 1910.134 TO INDICATE WHAT CORRECTIONS WERE REQUIRED.

OSHA Instruction CPL 2.35 CH-12 Jul 9, 1990 Office of General Industry Compliance Assistance

1 29 CFR 1910.1000(d): Employee(s) were exposed in excess of 8-hour Time Weighted Average concentrations to more than one substance for which 8-hour Time Weighted Average limits are listed in Subpart Z of 29 CFR Part 1910, as determined by the computational formula specified in 29 CFR 1910.1000(d)(2)(i):

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS AND THE NUMBER OF EMPLOYEES EXPOSED) (DESCRIBE CONDITIONS AND EXPOSURE LEVELS, SHIFT, AND DATE) (SHOW DETAILED COMPUTATIONS BASED ON THE ADDITIVE FORMULA)

NOTE: THIS SAVE MUST BE GROUPED WITH THE SAVE FOR 29 CFR 1910.1000(e) OR 29 CFR 1910.1000(f)(2)(i) AND/OR, WHERE APPROPRIATE RESPIRATORS WERE NOT PROVIDED OR WERE USED IMPROPERLY, THE APPROPRIATE SAVE(S) FROM 29 CFR 1910.134 TO INDICATE WHAT CORRECTIONS WERE REQUIRED.

OSHA Instruction CPL 2.35 CH-12 Jul 9, 1990 Office of General Industry Compliance Assistance

OPTION 1 1 29 CFR 1910.1000(e): Feasible administrative or engineering controls were not determined and implemented to achieve compliance with the limits prescribed in 29 CFR 1910.1000(a) through (d):

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS AND THE NUMBER OF EMPLOYEES EXPOSED) (DESCRIBE CONDITIONS AND EXPOSURE LEVELS, SHIFT, AND DATE)

ABATEMENT NORMALLY WILL BE MULTISTEP AS FOLLOWS:

   STEP 1:   EFFECTIVE RESPIRATORY PROTECTION SHALL BE PROVIDED AND
             USED BY EXPOSED EMPLOYEES AS AN INTERIM PROTECTIVE
             MEASURE UNTIL FEASIBLE ENGINEERING AND/OR
             ADMINISTRATIVE CONTROLS CAN BE IMPLEMENTED, OR
             WHENEVER SUCH CONTROLS FAIL TO REDUCE EMPLOYEE
             EXPOSURE TO WITHIN PERMISSIBLE EXPOSURE LIMITS.

   STEP 2:   SUBMIT TO THE AREA DIRECTOR A WRITTEN, DETAILED PLAN
             OF ABATEMENT OUTLINING A SCHEDULE FOR THE
             IMPLEMENTATION OF ENGINEERING AND/OR ADMINISTRATIVE
             MEASURES TO CONTROL EMPLOYEE EXPOSURE TO HAZARDOUS
             SUBSTANCES AS REFERENCED IN THIS CITATION.  THIS PLAN
             SHALL INCLUDE, AT A MINIMUM, TARGET DATES FOR THE
             FOLLOWING ACTIONS WHICH MUST BE CONSISTENT WITH THE
             ABATEMENT DATES REQUIRED BY THIS CITATION:

(1) EVALUATION OF ENGINEERING/ADMINISTRATIVE CONTROL OPTIONS;

(2) SELECTION OF OPTIMUM CONTROL METHODS AND COMPLETION OF DESIGN;

(3) PROCUREMENT, INSTALLATION AND OPERATION OF SELECTED CONTROL MEASURES; AND

OSHA Instruction CPL 2.35 CH-12 Jul 9, 1990 Office of General Industry Compliance Assistance

(4) TESTING AND ACCEPTANCE OF MODIFICATION/REDESIGN OF CONTROLS.

NOTE: ALL PROPOSED CONTROL MEASURES SHALL BE APPROVED FOR EACH PARTICULAR USE BY A COMPETENT INDUSTRIAL HYGIENIST OR OTHER TECHNICALLY QUALIFIED PERSON. NINETY- (90) DAY PROGRESS REPORTS ARE REQUIRED DURING THE ABATEMENT PERIOD. (THE 90-DAY REQUIREMENT FOR THE SUBMISSION OF PROGRESS REPORTS MAY BE SHORTENED OR LENGTHENED BY THE AREA DIRECTOR DEPENDING ON THE SPECIFIC CIRCUMSTANCES.)

   STEP 3:   ABATEMENT SHALL HAVE BEEN COMPLETED BY THE
             IMPLEMENTATION OF FEASIBLE ENGINEERING AND/OR
             ADMINISTRATIVE CONTROLS UPON VERIFICATION OF THEIR
             EFFECTIVENESS IN ACHIEVING COMPLIANCE.

OSHA Instruction CPL 2.35 CH-12 Jul 9, 1990 Office of General Industry Compliance Assistance

OPTION 2 1 29 CFR 1910.1000(e): In an instance where administrative or engineering controls were not feasible to achieve full compliance with the limits prescribed in 29 CFR 1910.1000(a) through (d), neither personal protective equipment nor any other protective measures were used to keep exposures of employees to air contaminants within such limits:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS AND THE NUMBER OF EMPLOYEES EXPOSED) (DESCRIBE CONDITIONS AND EXPOSURE LEVELS, SHIFT, AND DATE)

NOTE: THIS SAVE MUST BE GROUPED WITH THE SAVE(S) FROM 29 CFR 1910.134 WHERE APPROPRIATE RESPIRATORS WERE NOT PROVIDED OR WERE USED IMPROPERLY.

OPTION 3 2 29 CFR 1910.1000(e): Equipment and/or technical measures used to keep the exposure of employees to air contaminants within the limits prescribed in Subpart Z of 29 CFR 1910 were not approved by a competent industrial hygienist or other technically qualified person:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS AND THE NUMBER OF EMPLOYEES EXPOSED) (DESCRIBE CONDITIONS AND EXPOSURE LEVELS, SHIFT, AND DATE)

NOTE: THIS SAVE MUST BE GROUPED WITH THE SAVE(S) FROM 29 CFR 1910.134 WHERE APPROPRIATE RESPIRATORS WERE NOT PROVIDED OR WERE USED IMPROPERLY.

OSHA Instruction CPL 2.35 CH-12 Jul 9, 1990 Office of General Industry Compliance Assistance

1 29 CFR 1910.1000(f)(2)(i): The permissible exposure limits specified in the Final Rule Limits column in Table Z-1-A were not achieved by any reasonable combination of engineering controls, work practices and personal protective equipment.

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS AND THE NUMBER OF EMPLOYEES EXPOSED) (DESCRIBE CONDITIONS AND EXPOSURE LEVELS, SHIFT, AND DATE)

NOTE: THIS SAVE MUST BE GROUPED WITH THE SAVE(S) FROM 29 CFR 1910.134 WHERE APPROPRIATE RESPIRATORS WERE NOT PROVIDED OR WERE USED IMPROPERLY.

OSHA Instruction CPL 2.35 CH-12 Jul 9, 1990 Office of General Industry Compliance Assistance

1 29 CFR 1910.1028(c)(1): The employer did not ensure that no employee was exposed to an airborne concentration of benzene in excess of one part of benzene per million parts of air (1 ppm) as an 8-hour time weighted average:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS AND THE NUMBER OF EMPLOYEES EXPOSED) (DESCRIBE CONDITIONS AND EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE)

2 29 CFR 1910.1028(c)(2): The employer did not ensure that no employee was exposed to an airborne concentration of benzene in excess of five (5) ppm as averaged over any 15-minute period:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS AND THE NUMBER OF EMPLOYEES EXPOSED) (DESCRIBE CONDITIONS AND EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE)

3 29 CFR 1910.1028(d)(1): The employer did not establish a regulated area where the airborne concentration of benzene exceeded or could reasonably be expected to exceed the permissible exposure limits, either the 8-hour time weighted average exposure of 1 ppm or the short-term exposure limit of 5 ppm for 15 minutes:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS AND THE NUMBER OF EMPLOYEES EXPOSED) (DESCRIBE CONDITIONS AND EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE)

4 29 CFR 1910.1028(d)(2): Access to regulated areas was not limited to authorized persons:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS AND THE NUMBER OF EMPLOYEES EXPOSED)

OSHA Instruction CPL 2.35 CH-12 Jul 9, 1990 Office of General Industry Compliance Assistance

1 29 CFR 1910.1028(d)(3): Regulated areas were not determined from the rest of the workplace in a manner that minimized the number of employees exposed to benzene within the regulated area:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS AND THE NUMBER OF EMPLOYEES EXPOSED) (DESCRIBE CONDITIONS AND EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE)

NOTE: CITE IN CONJUNCTION WITH 29 CFR 1910.1028(e)(2), (e)(3), OR (e)(5)

2 29 CFR 1910.1028(e)(1)(i): Determinations of employee exposure were not made from breathing zone air samples which were representative of each employee's average exposure to airborne benzene:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS AND THE NUMBER OF EMPLOYEES EXPOSED) (DESCRIBE CONDITIONS AND EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE)

NOTE: CITE IN CONJUNCTION WITH 29 CFR 1910.1028(e)(2), (e)(3), OR (e)(5)

3 29 CFR 1910.1028(e)(1)(ii): Representative 8-hour TWA employee exposures were not determined on the basis of one sample or samples representing the full shift exposure for each job classification in each work area:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS AND THE NUMBER OF EMPLOYEES EXPOSED) (DESCRIBE CONDITIONS AND EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE)

NOTE: CITE IN CONJUNCTION WITH 29 CFR 1910.1028(e)(2), (e)(3), OR (e)(5)

OSHA Instruction CPL 2.35 CH-12 Jul 9, 1990 Office of General Industry Compliance Assistance

1 29 CFR 1910.1028(e)(1)(iii): Determinations of compliance with the STEL were not made from 15-minute employee breathing zone samples measured at operations where there was reason to believe exposures were high:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS AND THE NUMBER OF EMPLOYEES EXPOSED) (DESCRIBE CONDITIONS AND EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE)

NOTE: CITE IN CONJUCTION WITH 29 CFR 1910.1028(e)(2), (e)(3), OR (e)(5)

2 29 CFR 1910.1028(e)(1)(iv): The employer did not document and sample employee exposures on the shift where exposures were consistently higher:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS AND THE NUMBER OF EMPLOYEES EXPOSED) (DESCRIBE CONDITIONS AND EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE)

3 29 CFR 1910.1028(e)(2)(i): The employer did not monitor each workplace and work operation to determine accurately the airborne concentrations of benzene to which employees could be exposed:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS AND THE NUMBER OF EMPLOYEES EXPOSED) (DESCRIBE CONDITIONS AND EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE)

4 29 CFR 1910.1028(e)(2)(ii): The initial monitoring required under paragraph (e)(2)(i) of this section was not completed within 30 days of the introduction of benzene into the workplace:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS AND THE NUMBER OF EMPLOYEES EXPOSED) (DESCRIBE CONDITIONS AND EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE)

OSHA Instruction CPL 2.35 CH-12 Jul 9, 1990 Office of General Industry Compliance Assistance

1 29 CFR 1910.1028(e)(3)(i): Where the monitoring required by paragraph (e)(2)(i) of this section revealed employee exposures at or above the action level but at or below the TWA, the employer did not repeat such monitoring for each such employee at least every year:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS AND THE NUMBER OF EMPLOYEES EXPOSED) (DESCRIBE CONDITIONS AND EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE)

2 29 CFR 1910.1028(e)(3)(ii): Where the monitoring required by paragraph (e)(2)(i) of this section revealed employee exposures above the TWA, the employer did not repeat such monitoring for each such employee at least every 6 months:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS AND THE NUMBER OF EMPLOYEES EXPOSED) (DESCRIBE CONDITIONS AND EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE)

3 29 CFR 1910.1028(e)(3)(iv): Monitoring for the STEL was not repeated as necessary to evaluate exposures of employees subject to short term exposures:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS AND THE NUMBER OF EMPLOYEES EXPOSED) (DESCRIBE CONDITIONS AND EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE)

NOTE: EXAMPLES GIVEN IN THE REGULATION INCLUDE OPERATIONS INVOLVING THE OPENING OF TANKS FOR FILLING, LOADING OR GUAGING, AND/OR WHERE CONTAINERS OR PROCESS EQUIPMENT ARE OPENED, RESULTING IN EXPECTED HIGH EMPLOYEE EXPOSURE. ALSO, WHERE BENZENE IS USED FOR CLEANING OR AS A SOLVENT IN AN UNCONTROLLED SITUATION.

OSHA Instruction CPL 2.35 CH-12 Jul 9, 1990 Office of General Industry Compliance Assistance

1 29 CFR 1910.1028(e)(5)(i): The employer did not institute the exposure monitoring required under paragraphs (e)(2) and (e)(3) when there was a change in the production process, control equipment, personnel or work practices which could result in new or additional exposures to benzene, or when the employer had any reason to suspect a change which could have resulted in new or additional exposures:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS AND THE NUMBER OF EMPLOYEES EXPOSED) (DESCRIBE CONDITIONS AND EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE)

2 29 CFR 1910.1028(e)(5)(ii): Following a spill, leak, rupture or other breakdown which could have led to an employee exposure, the employer did not monitor (using area or personal sampling) after the cleanup of the spill or repair of the leak, rupture or other breakdown to ensure that exposures had returned to the level that existed prior to the incident:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS AND THE NUMBER OF EMPLOYEES EXPOSED) (DESCRIBE CONDITIONS AND EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE)

3 29 CFR 1910.1028(e)(6): Monitoring was not accurate, to a confidence level of 95 percent, within plus or minus 25 percent for airborne concentrations of benzene:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS AND THE NUMBER OF EMPLOYEES EXPOSED) (DESCRIBE CONDITIONS AND EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE)

NOTE: CITE IN CONJUNCTION WITH 29 CFR 1910.1028(e)(2), (e)(3), OR (e)(5)

OSHA Instruction CPL 2.35 CH-12 Jul 9, 1990 Office of General Industry Compliance Assistance

1 29 CFR 1910.1028(e)(7)(i): The employer did not, within 15 working days after the receipt of the results of any monitoring performed under this standard, notify each employee of these results in writing either individually or by posting of results in an appropriate location accessible to affected employees:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS AND THE NUMBER OF EMPLOYEES EXPOSED) (DESCRIBE CONDITIONS AND INCLUDING EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE)

2 29 CFR 1910.1028(e)(7)(ii): Whenever the PELS were exceeded, the written notification required by paragraph (e)(7)(i) of this section did not contain the corrective action being taken by the employer to reduce the employee exposure to or below the PEL, or did not refer to a document available to the employee which stated the corrective actions to be taken:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS AND THE NUMBER OF EMPLOYEES EXPOSED) (DESCRIBE CONDITIONS AND INCLUDING EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE)

3 29 CFR 1910.1028(f)(1)(i): The employer did not institute engineering controls and work practices to reduce and maintain employee exposure to benzene at or below the permissible exposure limits:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS INCLUDING EQUIPMENT, SERIAL AND MODEL NUMBERS, ETC.) (DESCRIBE CONDITIONS INCLUDING EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE) (PROVIDE GENERAL METHODS OF CONTROL)

NOTE: May wish to include information relative to engineering plans, progress letters, etc.

OSHA Instruction CPL 2.35 CH-12 Jul 9, 1990 Office of General Industry Compliance Assistance

OPTION 1 1 29 CFR 1910.1028(f)(1)(ii): Whenever the feasible engineering controls and work practices which could be instituted were not sufficient to reduce employee exposure to or below the PELS, the employer did not use them to reduce employee exposure to the lowest levels achievable by these controls:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS) (DESCRIBE CONDITIONS INCLUDING SAMPLE EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT, AND DATE) (PROVIDE GENERAL METHODS OF CONTROL)

OPTION 2 2 29 CFR 1910.1028(f)(1)(ii): Whenever the feasible engineering controls and work practices were not sufficient to reduce employee exposure to or below the PELS, the employer did not supplement them by the use of respiratory protection which complied with the requirements of 29 CFR 1910.1028(g):

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS) (DESCRIBE CONDITIONS INCLUDING SAMPLE EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE) (PROVIDE GENERAL METHODS OF CONTROL)

3 29 CFR 1910.1028(f)(1)(iii): Where the employer could document that benzene was used in a workplace less than a total of 30 days per year, the employer did not use engineering controls, work practice controls or respiratory protection or any combination of these controls to reduce employee exposure to benzene to or below 10 ppm as an 8-hour TWA and did not use engineering controls or respiratory protection or combination of these controls to reduce employee exposure to benzene to or below the PEL:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS INCLUDING NUMBER OF EMPLOYEES EXPOSED) (DESCRIBE CONDITIONS INCLUDING EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE) (PROVIDE GENERAL METHODS OF CONTROL)

OSHA Instruction CPL 2.35 CH-12 Jul 9, 1990 Office of General Industry Compliance Assistance

1 29 CFR 1910.1028(f)(2)(i): When any exposures were over the PEL, the employer did not establish and implement a written program to reduce employee exposure to or below the PEL primarily by means of engineering and work practice controls, as required by paragraph (f)(1) of this section:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS, AND/OR DEPARTMENTS INCLUDING NUMBER OF EMPLOYEES EXPOSED) (DESCRIBE CONDITIONS INCLUDING EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE) (PROVIDE GENERAL METHODS OF CONTROL)

OPTION 1 2 29 CFR 1910.1028(f)(2)(ii): The written program did not include a schedule for development and implementation of the engineering and work practice controls:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS INCLUDING NUMBER OF EXPOSED EMPLOYEES)

OPTION 2 3 29 CFR 1910.1028(f)(2)(ii): The written program was not reviewed and revised as appropriate based on the most recent exposure monitoring data, to reflect the current status of the program:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS INCLUDING NUMBER OF EXPOSED EMPLOYEES)

4 29 CFR 1910.1028(f)(2)(iii): Written compliance programs were not furnished upon request for examination and copying to affected employees or designated employee representative:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS INCLUDING NUMBER OF EXPOSED EMPLOYEES)

OSHA Instruction CPL 2.35 CH-12 Jul 9, 1990 Office of General Industry Compliance Assistance

1 29 CFR 1910.1028(g)(1)(i): The employer did not provide respirators and assure that they were used, where required, during the time period necessary to install or implement feasible engineering and work practice controls:

(a) (LOCATION) (DESCRIBE SPECIFIC CONDITIONS, NUMBER OF EMPLOYEES EXPOSED, INCLUDING EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE)

2 29 CFR 1910.1028(g)(1)(ii): The employer did not provide respirators and assure that they were used, where required, in work operations for which the employer established that compliance with either the TWA or STEL through the use of engineering and work practice controls was not feasible:

(a) (LOCATION) (DESCRIBE SPECIFIC CONDITIONS, NUMBER OF EMPLOYEES EXPOSED, INCLUDING EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE)

3 29 CFR 1910.1028(g)(1)(iv): The employer did not provide respirators and assure that they were used, where required, in emergencies:

(a) (LOCATION) (DESCRIBE SPECIFIC CONDITIONS, NUMBER OF EMPLOYEES EXPOSED, INCLUDING EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE)

OPTION 1 4 29 CFR 1910.1028(g)(2)(i): Where respirators were required or allowed under this section, the employer did not select and provide, at no cost to the employee, the appropriate respirator as specified in Table 1, and assure that the employee used the respirator provided:

(a) (LOCATION) (DESCRIBE SPECIFIC CONDITIONS, NUMBER OF EMPLOYEES EXPOSED, INCLUDING EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE)

OSHA Instruction CPL 2.35 CH-12 Jul 9, 1990 Office of General Industry Compliance Assistance

OPTION 2 1 29 CFR 1910.1028(g)(2)(i): Where respirators were required or allowed under this section, the employer did not assure that the employee used an approporiate respirator:

(a) (LOCATION) (DESCRIBE SPECIFIC CONDITIONS, NUMBER OF EMPLOYEES EXPOSED, INCLUDING EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE)

OPTION 1 2 29 CFR 1910.1028(g)(2)(ii): The employer did not select respirators from those jointly approved by the Mine Safety and Health Administration and the National Institute for Occupational Safety and Health under the provisions of 30 CFR Part 11:

(a) (LOCATION) (DESCRIBE SPECIFIC CONDITIONS, NUMBER OF EMPLOYEES EXPOSED, INCLUDING EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE)

OPTION 2 3 29 CFR 1910.1028(g)(2)(ii): Negative pressure respirators did not have filter elements approved by MSHA/NIOSH for organic vapors or benzene:

(a) (LOCATION) (DESCRIBE SPECIFIC CONDITIONS, NUMBER OF EMPLOYEES EXPOSED, INCLUDING EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE)

4 29 CFR 1910.1028(g)(2)(iii): Any employee who could not wear a negative pressure respirator was not given the option of wearing a respirator with less breathing resistance such as a powered air-purifying respirator or supplied air respirator:

(a) (LOCATION) (DESCRIBE SPECIFIC CONDITIONS, NUMBER OF EMPLOYEES EXPOSED, INCLUDING EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE)

OSHA Instruction CPL 2.35 CH-12 Jul 9, 1990 Office of General Industry Compliance Assistance

1 29 CFR 1910.1028(g)(3): The employer did not institute a respiratory protection program in accordance with 29 CFR 1910.134(b), (d), (e) and (f):

(a) (LOCATION) (DESCRIBE SPECIFIC CONDITIONS, NUMBER OF EMPLOYEES EXPOSED, INCLUDING EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE)

2 29 CFR 1910.1028(g)(4)(i): Where air-purifying respirators were used, the employer did not replace the air purifying element at the expiration of service life or at the beginning of each shift in which they would be used, whichever came first:

(a) (LOCATION) (DESCRIBE SPECIFIC CONDITIONS, NUMBER OF EMPLOYEES EXPOSED, INCLUDING EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE)

3 29 CFR 1910.1028(g)(4)(iii): The employer did not permit employees who wore respirators to leave the regulated area to wash their faces and respirator facepieces as necessary in order to prevent skin irritation associated with respirator use or to change the filter elements of air-purifying respirators whenever they detected a change in breathing resistance or chemical vapor breakthrough:

(a) (LOCATION) (DESCRIBE SPECIFIC CONDITIONS, NUMBER OF EMPLOYEES EXPOSED, INCLUDING EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE)

OPTION 1 4 29 CFR 1910.1028(g)(5)(i): The employer did not perform and certify the results of, either quantitative or qualitative fit tests at the time of initial fitting and at least annually thereafter for each employee wearing a negative pressure respirator:

(a) (LOCATION) (DESCRIBE SPECIFIC CONDITIONS, NUMBER OF EMPLOYEES EXPOSED, INCLUDING EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE)

OSHA Instruction CPL 2.35 CH-12 Jul 9, 1990 Office of General Industry Compliance Assistance

OPTION 2 1 29 CFR 1910.1028(g)(5)(i): Quantitative or qualitative fit tests were not used to select a respirator facepiece which exhibited minimum leakage and provided the required protection as prescribed in Table 1:

(a) (LOCATION) (DESCRIBE SPECIFIC CONDITIONS, NUMBER OF EMPLOYEES EXPOSED, INCLUDING EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE)

OPTION 3 2 29 CFR 1910.1028(g)(5)(i): The employer did not provide and assure that the employee wore a respirator demonstrated by the fit test to provide the required protection:

(a) (LOCATION) (DESCRIBE SPECIFIC CONDITIONS, NUMBER OF EMPLOYEES EXPOSED, INCLUDING EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE)

3 29 CFR 1910.1028(g)(5)(ii): The employer did not follow the test protocols outlined in Appendix E of this standard for the type of fit testing the employer chose:

(a) (LOCATION) (DESCRIBE SPECIFIC CONDITIONS, NUMBER OF EMPLOYEES EXPOSED, INCLUDING EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE)

OPTION 1 4 29 CFR 1910.1028(h): Personal protective clothing and equipment was not worn where appropriate to prevent eye contact and limit dermal exposure to liquid benzene:

(a) (LOCATION) (DESCRIBE SPECIFIC CONDITIONS, NUMBER OF EMPLOYEES EXPOSED, INCLUDING EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE)

OSHA Instruction CPL 2.35 CH-12 Jul 9, 1990 Office of General Industry Compliance Assistance

OPTION 2 1 29 CFR 1910.1028(h): Protective clothing and equipment was not provided by the employer at no cost to the employee:

(a) (LOCATION) (DESCRIBE SPECIFIC CONDITIONS, NUMBER EMPLOYEES EXPOSED, INCLUDING EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE)

OPTION 3 2 29 CFR 1910.1028(h): Eye and face protection did not meet the requirements of 29 CFR 1910.133:

(a) (LOCATION) (DESCRIBE SPECIFIC CONDITIONS, NUMBER OF EMPLOYEES, EXPOSED, INCLUDING EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE)

OPTION 1 3 29 CFR 1910.1028(i)(1)(i): The employer did not make available a medical surveillance program for employees who were or could be exposed to benzene at or above the action level 30 or more days per year:

(a) (LOCATION) (DESCRIBE SPECIFIC CONDITIONS, NUMBER OF EMPLOYEES EXPOSED, INCLUDING EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE)

OPTION 2 4 29 CFR 1910.1028((i)(1)(i): The employer did not make available a medical surveillance program for employees who were or could be exposed to benzene at or above the PELs 10 or more days per year:

(a) (LOCATION) (DESCRIBE SPECIFIC CONDITIONS, NUMBER OF EMPLOYEES EXPOSED, INCLUDING EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE)

OSHA Instruction CPL 2.35 CH-12 Jul 9, 1990 Office of General Industry Compliance Assistance

OPTION 3 1 29 CFR 1910.1028(i)(1)(i): The employer did not make available a medical surveillance program for employees who were exposed to more than 10 ppm of benzene for 30 or more days in a year prior to the effective date of the standard when employed by their current employer:

(a) (LOCATION) (DESCRIBE SPECIFIC CONDITIONS, NUMBER OF EMPLOYEES EXPOSED, INCLUDING EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE)

OPTION 4 2 29 CFR 1910.1028(i)(1)(i): The employer did not make available a medical surveillance program for employees involved in the tire building operations called tire building machine operators, who used solvents containing greater than 0.1 percent benzene:

(a) (LOCATION) (DESCRIBE SPECIFIC CONDITIONS, NUMBER OF EMPLOYEES EXPOSED INCLUDING EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE)

OPTION 1 3 29 CFR 1910.1028(i)(1)(ii): The employer did not assure that all medical examinations and procedures were performed by or under the supervision of a licensed physician:

(a) (LOCATION) (DESCRIBE SPECIFIC CONDITIONS, NUMBER OF EMPLOYEES EXPOSED, INCLUDING EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE)

OPTION 2 4 29 CFR 1910.1028(i)(1)(ii): The employer did not assure that all laboratory tests were conducted by an accredited laboratory:

(a) (LOCATION) (DESCRIBE SPECIFIC CONDITIONS, NUMBER OF EMPLOYEES EXPOSED, INCLUDING EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE)

OSHA Instruction CPL 2.35 CH-12 Jul 9, 1990 Office of General Industry Compliance Assistance

1 29 CFR 1910.1028(i)(1)(iii): The employer did not assure that persons other than licensed physicians who administer the pulmonary function testing required by this section had completed a training course in spirometry sponsored by an appropriate governmental, academic or professional institution:

(a) (LOCATION) (DESCRIBE SPECIFIC CONDITIONS, NUMBER OF EMPLOYEES EXPOSED, INCLUDING EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE)

2 29 CFR 1910.1028(i)(1)(iv): The employer did not assure that all examinations and procedures were provided without cost to the employee at a reasonable time and place:

(a) (LOCATION) (DESCRIBE SPECIFIC CONDITIONS, NUMBER OF EMPLOYEES EXPOSED, INCLUDING EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE)

3 29 CFR 1910.1028(i)(2)(i): Before the time of initial assignment, the employer did not provide each employee covered by 29 CFR 1910.1028(i)(1)(i) with a medical examination including the following elements:

NOTE: Insert the appropriate element(s) from 29 CFR 1910.1028(i)(2)(i)(A) through 29 CFR 1910.1028 (i)(2)(i)(E)(ii)

(a) (LOCATION) (DESCRIBE SPECIFIC CONDITIONS, NUMBER OF EMPLOYEES EXPOSED, INCLUDING EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE)

OSHA Instruction CPL 2.35 CH-12 Jul 9, 1990 Office of General Industry Compliance Assistance

OPTION 1 1 29 CFR 1910.1028(i)(3)(i): The employer did not provide each employee covered under 29 CFR 1910.1028(i)(1)(i) with a medical examination annually following the previous examination:

(a) (LOCATION) (DESCRIBE SPECIFIC CONDITIONS, NUMBER OF EMPLOYEES EXPOSED, INCLUDING EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE) (PROVIDING DATE OF LAST EXAMINATION)

OPTION 2 2 29 CFR 1910.1028(i)(3)(i): The employer did not provide each employee covered under 29 CFR 1910.1028(i)(1)(i) with an annual medical examination annually following the previous examination which included at least the:

(a) (LOCATION) (DESCRIBE SPECIFIC CONDITIONS, NUMBER OF EMPLOYEES EXPOSED, INCLUDING EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE)

NOTE: Insert the appropriate element(s) from 29 CFR 1910.1028(i)(3)(i)(A) through 29 CFR 1910.1028(i)(3)(C)(iii)

OPTION 1 3 29 CFR 1910.1028(i)(4)(i): In addition to the surveillance required by 29 CFR 1910.1028(i)(1)(i), if an employee is exposed to benzene in an emergency situation, the employer did not have the employee provided with a urine sample by the end of the employee's shift and have a urinary phenol test performed on the sample within 72 hours:

(a) (LOCATION) (DESCRIBE SPECIFIC CONDITIONS, NUMBER OF EMPLOYEES EXPOSED, SHIFT AND DATE)

OSHA Instruction CPL 2.35 CH-12 Jul 9, 1990 Office of General Industry Compliance Assistance

OPTION 2 1 29 CFR 1910.1028(i)(4)(i): In an emergency situation an employee exposed to benzene, the employer did not ensure that the urine specific gravity was corrected to 1.024:

(a) (LOCATION) (DESCRIBE SPECIFIC CONDITIONS, NUMBER OF EMPLOYEES EXPOSED, SHIFT AND DATE)

2 29 CFR 1910.1028(i)(5)(i): Where the results of the complete blood count required for initial and periodic examinations indicated abnormal conditions existed, the blood count was not repeated within 2 weeks:

(a) (LOCATION) (DESCRIBE SPECIFIC CONDITIONS, ABNORMALITY INDICATED, NUMBER OF EMPLOYEES EXPOSED, INCLUDING EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE)

NOTE: Identify the appropriate abnormal conditions from 29 CFR 1910.1028 (i)(5)(i)(A) through 29 CFR 1910. 1028(i)(5)(C)(iv)

3 29 CFR 1910.1028(i)(6): The employer did not provide the following information to the examining physician:

(a) (LOCATION) (DESCRIBE SPECIFIC CONDITIONS, NUMBER OF EMPLOYEES EXPOSED, INCLUDING EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE)

NOTE: Enter the appropriate information from 29 CFR 1910.1028(i)(6)(i) through 29 CFR 1910.1028(i)(6)(v)

4 29 CFR 1910.1028(i)(7)(i): For each examination under this section, the employer did not obtain and provide the employee with a copy of the examining physician's written opinion within 15 days of the examination:

(a) (LOCATION) (DESCRIBE SPECIFIC CONDITIONS, NUMBER OF EMPLOYEES EXPOSED INCLUDING EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE) (PROVIDING DATE OF EXAMINATIONS)

OSHA Instruction CPL 2.35 CH-12 Jul 9, 1990 Office of General Industry Compliance Assistance

1 29 CFR 1910.1028(i)(8)(i): When a physician made a referral to a hematologist/internist as required under 29 CFR 1910.1028(i)(5)(ii), the employee was not removed from areas where exposures could exceed the action level until such time as the physician made a determination under 29 CFR 1910.1028(i)(8)(ii):

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS INCLUDING THE NUMBER OF EMPLOYEES EXPOSED) (INCLUDE EXPOSURE LEVELS, DATE EMPLOYEES WERE REFERRED BY PHYSICIAN, SHIFT AND DATE)

OPTION 1 2 29 CFR 1910.1028(i)(8)(ii): Following the examination and evaluation by the hematologist/internist, the employer did not provide a physician who made a decision in consultation with the hematologist/internist as to whether to remove an employee from areas where benzene exposure is above the action level or to allow the employee to return to areas where benzene is above the action level:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS INCLUDING THE NUMBER OF EMPLOYEES EXPOSED) (SHIFT AND DATE)

OPTION 2 3 29 CFR 1910.1028(i)(8)(ii): The employer did not provide a physician who communicated in writing to the employer and employee the decision as to whether to remove an employee from areas where benzene exposure is above the action level or to allow the employee to rewturn to areas where benzene exposure is above the action level:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENT INCLUDING THE NUMBER OF EMPLOYEES EXPOSED) (SHIFT AND DATE)

OSHA Instruction CPL 2.35 CH-12 Jul 9, 1990 Office of General Industry Compliance Assistance

OPTION 3 1 29 CFR 1910.1028(i)(8)(ii): The employer did not provide a physician who stated the required probable duration of removal of an employee from occupational exposure to benzene above the action level and the requirements for future medical examination to review the decision:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS INCLUDING THE NUMBER OF EMPLOYEES EXPOSED) (SHIFT AND DATE)

OPTION 1 2 29 CFR 1910.1028(i)(8)(iii): For any employee who was removed pursuant to 29 CFR 1910.1028(i)(8)(ii), the employer did not provide a follow-up examination:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS INCLUDING THE NUMBER OF EMPLOYEES EXPOSED) (INCLUDE EXPOSURE LEVELS, DATE EMPLOYEES WERE REMOVED FROM THE WORK AREA, SHIFT AND DATE)

OPTION 2 3 29 CFR 1910.1028(i)(8)(iii): The employer did not provide a physician who, in consultation with the hematologist/internist, made a decision within 6 months of the date the employee was removed as to whether the employee be returned to the usual job or be removed permanently:

(a) (LOCATION) (IDEWNTIFY SPECIFIC OPERATIONS AND/OR DEAPRTMENTS INCLUDING THE NUMBER OF EMPLOYEES EXPOSED) (SHIFT AND DATE INCLUDING THE DATE EMPLOYEE(S) WERE REMOVED)

OSHA Instruction CPL 2.35 CH-12 Jul 9, 1990 Office of General Industry Compliance Assistance

OPTION 1 1 29 CFR 1910.1028(i)(8)(iv): Whenever an employee was temporarily removed from benzene exposure pursuant to 29 CFR 1910.1028(i)(8)(i) or (i)(8)(ii) the employer did not transfer the employee to a comparable job for which the employee was qualified (or could be trained for in a short period) and where benzene exposures were as low as possible, but in no event higher than the action level:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR CONDITIONS, (DEPARTMENTS INCLUDING THE NUMBER OF EMPLOYEES EXPOSED) (INCLUDE EXPOSURE LEVELS, DATE THE EMPLOYEES WERE REMOVED FROM THE WORK AREA, SHIFT AND DATE)

OPTION 2 2 29 CFR 1910.1028(i)(8)(iv): The employer did not maintain the employee's current wage rate, seniority and other benefits after the employee was transferred to another comparable job:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR CONDITIONS, DEPARTMENTS INCLUDING THE NUMBER OF EMPLOYEES EXPOSED) (INCLUDE EXPOSURE LEVELS, DATE THE EMPLOYEES WERE REMOVED FROM PREVIOUS JOB, SHIFT AND DATE)

OPTION 3 3 29 CFR 1910.1028(i)(8)(iv): When there was no comparable job available, the employer did not provide medical removal protection benefits until such a job became available or for 6 months, whichever came first:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR CONDITIONS, DEPARTMENTS INCLUDING THE NUMBER OF EMPLOYEES EXPOSED) (INCLUDE EXPOSURE LEVELS, DATE THE EMPLOYEES WERE REMOVED FROM THE PREVIOUS JOB, SHIFT AND DATE)

OSHA Instruction CPL 2.35 CH-12 Jul 9, 1990 Office of General Industry Compliance Assistance

OPTION 1 1 29 CFR 1910.1028(i)(8)(v): Whenever an employee was removed permanently from benzene exposure based on a physician's recommendation pursuant to 29 CFR 1910.1028(i)(8)(iii), the employee was not given the opportunity to transfer to another position which was available or later became available for which the employee was qualified (or could be trained for in a short period) and where benzene exposures were as low as possible but in no event higher than the action level:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR CONDITIONS, POSITION AVAILABLE, DEPARTMENTS INCLUDING THE NUMBER OF EMPLOYEES EXPOSED) (INCLUDE EXPOSURE LEVELS, DATE THE EMPLOYEES WERE REMOVED PERMANENTLY FROM THE PREVIOUS JOB, DATE AND SHIFT)

OPTION 2 2 29 CFR 1910.1028(i)(8)(v): The employer did not assure that a transferred employee suffered no reduction in current wage rate, seniority, or other benefits as a result of the transfer:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS INCULDING THE NUMBER OF EMPLOYEES EXPOSED) (DESCRIBE WHAT WAS LOST BY THE EMPLOYEE, SHIFT AND DATE)

3 29 CFR 1910.1028(i)(9)(i): The employer did not provide to an employee 6 months of medical removal protection benefits immediately following each occasion an employee was removed from exposure to benzene because of hematological findings pursuant to 29 CFR 1910.1028(i)(8)(i) and (ii):

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR CONDITIONS, DEPARTMENTS INCLUDING THE NUMBER OF EMPLOYEES EXPOSED) (INCLUDE EXPOSURE LEVELS, DATE EMPLOYEE WERE REMOVED FROM PREVIOUS JOB, SHIFT AND DATE)

OSHA Instruction CPL 2.35 CH-12 Jul 9, 1990 Office of General Industry Compliance Assistance

1 29 CFR 1910.1028(j)(1)(i): The employer did not post signs at entrances to regulated areas bearing the following legend:

DANGER BENZENE CANCER HAZARD FLAMMABLE - NO SMOKING AUTHORIZED PERSONNEL ONLY RESPIRATOR REQUIRED

(a) (LOCATION) (DESCRIBE SPECIFIC CONDITIONS INCLUDING EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE) (PROVIDE GENERAL METHODS OF CONTROL)

OPTION 1 2 29 CFR 1910.1028(j)(1)(ii): The employer did not ensure that labels or other appropriate forms of warning were provided for containers of benzene within the workplace:

(a) (LOCATION) (DESCRIBE SPECIFIC CONDITIONS INCLUDING EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE) (PROVIDE GENERAL METHODS OF CONTROL)

OPTION 2 3 29 CFR 1910.1028(j)(1)(ii): The employer did not ensure that labels of warning provided for containers of benzene within the workplace complied with the requirements of 29 CFR 1910.1200(f):

(a) (LOCATION) (DESCRIBE SPECIFIC CONDITIONS INCLUDING EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE) (DESCRIBE WHAT PROVISION NOT COMPLIED WITH IN 29 CFR 1910.1200(f)

OSHA Instruction CPL 2.35 CH-12 Jul 9, 1990 Office of General Industry Compliance Assistance

OPTION 3 1 29 CFR 1910.1028(j)(1)(ii): The employer did not ensure that labels of warning provided for containers of benzene within the workplace contained the following legend:

(a) (LOCATION) (DESCRIBE SPECIFIC CONDITIONS INCLUDING EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE)

2 29 CFR 1910.1028(j)(2)(i): The employer did not obtain or develop, and did not provide access to the employees, to a material safety data sheet (MSDS) which addressed benzene and complied with 29 CFR 1910.1200:

(a) (LOCATION) (DESCRIBE SPECIFIC CONDITIONS INCLUDING EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE) (WHERE MSDS WAS DEFICIENT, SPECIFY 29 CFR 1910.1200 REQUIREMENTS NOT COMPLIED WITH)

OPTION 1 3 29 CFR 1910.1028(j)(2)(ii): Employer who was a manufacturer or importer did not comply with 29 CFR 1910.1028(a):

(a) (LOCATION) (DESCRIBE SPECIFIC CONDITIONS INCLUDING EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE)

OPTION 2 4 29 CFR 1910.1028(j)(2)(ii): Employer who was manufcturer or importer did not comply with the requirements in OSHA'S Hazard Communication Standard, 29 CFR 1910.1200, that it deliver to downstream employers on MSDS which addressed benzene:

(a) (LOCATION) (DESCRIBE SPECIFIC CONDITIONS INCLUDING EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE)

OSHA Instruction CPL 2.35 CH-12 Jul 9, 1990 Office of General Industry Compliance Assistance

OPTION 1 1 29 CFR 1910.1028(j)(3)(i): The employer did not provide employees with information and training at the time of their initial assignment to a work area where benzene was present:

(a) (LOCATION) (DESCRIBE SPECIFIC CONDITIONS INCLUDING EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE)

OPTION 2 2 29 CFR 1910.1028(j)(3)(i): Employees exposed to benzene above the action level were not provided with information and training at least annually:

(a) (LOCATION) (DESCRIBE SPECIFIC CONDITIONS INCLUDING EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE)

3 29 CFR 1910.1028(j)(3)(ii): The training program was not in accordance with the requirements of 29 CFR 1910.1200(h)(1) and (2), and did not contain specific information on benzene for each category of information included in that section:

(a) (LOCATION) (DESCRIBE SPECIFIC CONDITIONS INCLUDING EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE) (PROVIDING WHAT WAS LACKING IN PROGRAM)

OPTION 1 4 29 CFR 1910.1028(j)(3)(iii)(A): The employer did not provide employees with an explanation of the contents of 29 CFR 1910.1028 including Appendices A and B:

(a) (LOCATION) (DESCRIBE SPECIFIC CONDITIONS INCLUDING EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE)

OSHA Instruction CPL 2.35 CH-12 July 9, 1991 Office of General Industry Compliance Assistance

OPTION 2 1 29 CFR 1910.1028(j)(3)(iii)(A): The employer did not indicate to employees where the standard, 29 CFR 1910.1028, was available:

(a) (LOCATION) (DESCRIBE SPECIFIC CONDITIONS INCLUDING EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE)

2 29 CFR 1910.1028(j)(3)(iii)(B): The employer did not describe the medical surveillance program required under 29 CFR 1910.1028(i), and explain the information contained in Appendix C:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR CONDITIONS, DEPARTMENTS INCLUDING THE NUMBER OF EMPLOYEES EXPOSED) (INCLUDE EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE)

3 29 CFR 1910.1028(k)(1)(i): The employer did not estab-lish and maintain an accurate record of all measurements required by 29 CFR 1910.1028(e) in accordance with 29 CFR 1910.20:

(a) (LOCATION) (DESCRIBE SPECIFIC CONDITIONS INCLUDING EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE)

NOTE: REQUIRED TO MAINTAIN FOR 30 YEARS, SEE (k)(1)(iii).

4 29 CFR 1910.1028(k)(1)(ii): The record of measurements required by 29 CFR 1910.1028(e) section did not include:

NOTE: Include the appropriate section from 29 CFR 1910.1028(k)(1)(ii)(A) through 29 CFR 1910.1028(k)(1)(ii)(D)

(a) (LOCATION) (DESCRIBE SPECIFIC CONDITIONS INCLUDING EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE) (PROVIDE GENERAL METHODS OF CONTROL)

OSHA Instruction CPL 2.35 CH-12 July 9, 1991 Office of General Industry Compliance Assistance

1 29 CFR 1910.1028(k)(2)(i): The employer did not establish and maintain an accurate record for each employee subject to medical surveillance required by 29 CFR 1910.1028(i) in accordance with 29 CFR 1910.20:

(a) (LOCATION) (DESCRIBE SPECIFIC CONDITIONS INCLUDING EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE)

2 29 CFR 1910.1028(k)(2)(ii): The record for each employee subject to medical su2rveillance required by 29 CFR 1910.1028(i) in accordance with 29 CFR 1910.20 did not include:

NOTE: Include the appropriate information from 29 CFR 1910.1028(k)(2)(ii)(A) through 29 CFR 1910.1028(k)(2)(iii)(E)

(a) (LOCATION)(DESCRIBE SPECIFIC CONDITIONS INCLUDING EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE)

3 29 CFR 1910.1028(k)(2)(iii): The employer did not maintain an accurate record for each employee subject to medical surveillance required by 29 CFR 1910.1028(i) in accordance with 29 CFR 1910.20:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR CONDITIONS, DEPARTMENTS INCLUDING THE NUMBER OF EMPLOYEES EXPOSED) (SHIFT AND DATE)

OSHA Instruction CPL 2.35 CH-12 Jul 9, 1990 Office of General Industry Compliance Assistance

1 29 CFR 1910.1028(k)(3)(ii): Employee exposure monitoring records required by this paragraph were not provided upon request for examination and copying to employees, employee representatives, and the Assistant Secretary in accordance with 29 CFR 1910.20(a) through (e) and (g) through (i):

(a) (LOCATION) (DESCRIBE SPECIFIC CONDITIONS INCLUDING EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE)

2 29 CFR 1910.1028(k)(3)(iii): Employee medical records required by this paragraph were not provided upon request for examination and copying, to the subject employee, to anyone having specific written consent of the subject employee, and to the Assistant Secretary in accordance with 29 CFR 1910.20:

(a) (LOCATION) (DESCRIBE SPECIFIC CONDITIONS INCLUDING EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE) 3 29 CFR 1910.1028(k)(4)(i): The employer did not comply with the requirements involving transfer of records set forth in 29 CFR 1910.20(h):

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE WHAT REQUIREMENT NOT COMPLIED WITH IN 29 CFR 1910.20(h), SHIFT AND DATE)

OSHA Instruction CPL 2.35 CH-12 Jul 9, 1990 Office of General Industry Compliance Assistance

1 29 CFR 1910.1028(k)(4)(ii): If the employer cease to do business and there are no successor employer to receive and retain the records for the prescribed period, the employer did not notify the Director, at least three (3) months prior to disposal, and transmit them to the Director if required by the Director within that period:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS, DEPARTMENT, WHAT WAS REQUIRED BY THE DIRECTOR, AND DATE)

2 29 CFR 1910.1028(l)(1): The employer did not provide affected employees, or their designated representatives, an opportunity to observe the measuring or monitoring of employee exposure to benzene conduced pursuant to 29 CFR 1910.1028(e):

(a) (LOCATION) (DESCRIBE SPECIFIC CONDITIONS INCLUDING EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE)

OPTION 1 3 29 CFR 1910.1028(l)(2): The employer did not provide the observer of the measuring or monitoring of employee exposure to benzene with personal protective clothing and equipment or respirators required to be worn by employees working in the area:

(a) (LOCATION)(DESCRIBE SPECIFIC CONDITIONS INCLUDING EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE) (PROVIDE GENERAL METHODS OF CONTROL)

OSHA Instruction CPL 2.35 CH-12 Jul 9, 1990 Office of General Industry Compliance Assistance

OPTION 2 1 29 CFR 1910.1028(l)(2): The employer did not require the observer to comply with all applicable safety and health procedures:

(a) (LOCATION) (IDENTIFY SPECIFIC CONDITIONS INCLUDING EXPOSURE LEVELS, SAMPLING PERIOD, SHIFT AND DATE) (DESCRIBE WHAT PROCEDURES OBSERVER DID NOT COMPLY WITH)

2 29 CFR 1910.1029(c): The employer did not assure that employee(s) were not exposed to coke over omissions at concentrations greater than 150 micro-grams per cubic meter of air (150 ug/m3), averaged over any 8- hour period:

(a) (BATTERY, JOB TITLE)

1 29 CFR 1910.1029(e)(1)(i): The employer did not monitor employees employed in the regulated area to measure their exposure to coke oven emission:

(a) (BATTERY))JOB CLASSIFICATION)

2 29 CFR 1910.1029(e)(3)(ii): Each employee was not notified in writing of the results of the exposure measurements which represented that employee's exposure within five (5) working days of the receipt of such results:

(a) (LOCATION)(JOB CLASSIFICATION)(AND AN INDICATION OF THE DEFICIENCY IN PARAGRAPHS (e)(1) AND (e)(2))

3 29 CFR 1910.1029(e)(3)(ii): Employees whose exposure(s) exceeded the permissible exposure limit were not notified of what corrective action was being taken to reduce such exposure to or below the permissible exposure limit:

(a) (LOCATION)(JOB CLASSIFICATION)

OSHA Instruction CPL 2.35 CH-12 Jul 9, 1990 Office of General Industry Compliance Assistance

1 29 CFR 1910.1029(f)(2)(i)(a): The existing coke oven battery was not equipped and operated with stage, sequential, or pipeline charging as described in paragraphs (a)(1), (a)(2) and (a)(3) of this paragraph to control coke oven emissions:

(a) (BATTERY)

2 29 CFR 1910.1029(f)(2)(i)(b): The existing coke oven battery was not equipped and operated with double collector mains drafting from two (2) or more points in the oven being charged or fixed or movable jumper pipe system to another over which effectively removed the gases from the oven to the collector mains:

(a) (BATTERY)(SPECIFY IF NONEXISTENT OR NOT EFFECTIVE)

OSHA Instruction CPL 2.35 September 1, 1979 Office of Compliance Programming

1 29 CFR 1910.1029(f)(2)(i)(c): The existing coke oven battery was not equipped and operated with aspiration systems designed and operated to provide sufficient negative pressure and flow volume which effectively moved the gases evolved into the collector mains during charging operations:

(a) (LOCATION)

2 29 CFR 1910.1029(f)(2)(i)(d): The existing coke oven battery was not equipped and operated with mechanical volumetric controls on each larry car hopper which provided the proper amount of coal to be charged through each charging hole so that the tunnel head was sufficient to permit the gases to move from the oven into the collector mains:

(a) (BATTERY)(LARRY CAR)(SPECIFY IF NOT EXISTENT OR NOT SUFFICIENT)

3 29 CFR 1910..1029(f)(2)(i)(e): Existing coke oven batteries were not equipped and operated with devices which facilitated the rapid and continuous flow of coal into the oven being charged:

(a) (BATTERY)

4 29 CFR 1910.1029(f)(2)(i)(f): The existing coke oven battery was not equipped with individually operated larry car drop sleeves and slide gates designed and maintained so that the gases were effectively removed from the oven into the collector mains:

(a) (BATTERY)

632