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CPL 02-00-035 - CPL 2.35 CH-19 - Changes to the Regulatory and General Industry Standard Alleged Violation... |
Directives - Table of Contents |
Record Type: | Instruction |
Directive Number: | CPL 02-00-035 |
Old Directive Number: | CPL 2.35 CH-19 |
Title: | Changes to the Regulatory and General Industry Standard Alleged Violation... |
Information Date: | 11/18/1991 |
Standard Number: | 1910.1450 |
OSHA Instruction CPL 2.35 CH-19 NOV 18, 1991 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 "Occupational Exposures to Hazardous Chemicals in Laboratories." B. SCOPE. This instruction applies OSHA-wide. C. ACTION. Regional Administrators and Area Directors shall ensure that all compliance personnel:
OSHA Instruction CPL 2.35 CH-19 November 18, 1991 Office of General Industry Compliance Assistance D. BACKGROUND. Final rule and regulations for 29 CFR 1910.1450, Occupational Exposures to Hazardous Chemicals in Laboratories, were published in the Federal Register, Vol.55, No.21, on January 31, 1990. 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 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-10 June 23, 1986 Office of General Industry Compliance Assistance 1 29 CFR 1910.1200(h)(2)(ii): Employee training did not include the physical and health hazards of the chemicals in the work area:
2 29 CFR 1910.1200(h)(2)(iii): Employee training did not include the measures employees can take to protect themselves from chemical hazards, including specific procedures the employer has implemented to protect employees from exposure to hazardous chemicals:
3 29 CFR 1910.1200(h)(2)(iv): Employee training did not include the details of the hazard communication program developed by the employer, including an explanation of the labeling system and the material safety data sheet, and how employees can obtain and use appropriate hazard information:
4 29 CFR 1910.1200(i)(12): Information which this section requires the chemical manufacturer, importer or employer to make available was not disclosed to the Assistant Secretary upon request:
OSHA Instruction CPL 2.35 CH-19 November 18, 1991 Office of General Industry Compliance Assistance 1 29 CFR 1910.1450(c): The employer did not ensure that laboratory employees' exposures to OSHA regulated substances did not exceed the permissible exposure limits specified in 29 CFR Part 1910, Subpart Z:
NOTE 1: This SAVE must be grouped with the appropriate overexposure and/or engineering SAVE in Subpart Z along with the required abatement steps. NOTE 2: Where appropriate respirators were not provided or were used improperly, the appropriate SAVEs from 29 CFR 1910.1450 (i) and 29 CFR 1910.134 must also be grouped to help support this SAVE. 2 29 CFR 1910.1450(d)(1): The employer did not measure the laboratory employee's exposure to a substance regulated by a standard which required monitoring when there was reason to believe that exposure levels for that substance routinely exceeded the action level (or in the absence of an action level, the PEL):
OSHA Instruction CPL 2.35 CH-10 June 23, 1986 Office of General Industry Compliance Assistance 1 29 CFR 1910.1450(d)(2): When the initial monitoring of laboratory employee's exposure to a substance regulated by a standard as by 29 CFR 1910.1450(d)(1) disclosed employee exposure over the action level (or in the absence of an action level, the PEL), the employer did not immediately comply with the exposure monitoring provisions of the relevant standard:
NOTE 1: This SAVE must be grouped with the appropriate monitoring SAVEs in Subpart Z. NOTE 2: 29 CFR 1910.1450(d)(3) Monitoring may be terminated in accordance with the relevant standard. 2 29 CFR 1910.1450(d)(4): The employer did not within 15 working days after the receipt of any monitoring results of laboratory employees' exposures to any substance regulated by a standard, notify the employee's of these results in writing either individually or by posting results in an appropriate location that was accessible to employees:
3 29 CFR 1910.1450(e)(1): Where hazardous chemicals were used in the workplace, the employer did not develop and carry out the provisions of a written Chemical Hygiene Plan which was capable of protecting employees from health hazards associated with hazardous chemicals and which was capable of keeping exposures below the limits specified in 29 CFR 1910. 1450(c):
NOTE 1: Appendix A of this section is non-mandatory but provides guidance to assist employers in the development of the Chemical Hygiene Plan.
OSHA Instruction CPL 2.35 CH-10 June 23, 1986 Office of General Industry Compliance Assistance 1 29 CFR 1910.1450(e)(1)(i): Where hazardous chemicals were used in the workplace, the employer did not develop and carry out the provisions of a written Chemical Hygiene Plan which were capable of protecting employees from health hazards associated with hazardous chemicals:
3 29 CFR 1910.1450(e)(2): The employer's Chemical Hygiene Plan was not readily available to employees, or employee representatives:
4 29 CFR 1910.1450(e)(3): The employer's Chemical Hygiene Plan did not indicate specific measures that the employer would take to ensure laboratory employee protection:
5 29 CFR 1910.1450(e)(3)(i): The employer's Chemical Hygiene Plan did not include the standard operating procedures relevant to safety and health considerations to be followed when laboratory work involved the use of hazardous chemicals:
OSHA Instruction CPL 2.35 CH-10 June 23, 1986 Office of General Industry Compliance Assistance OPTION 1 1 29 CFR 1910.1450(e)(3)(ii): The Chemical Hygiene Plan did not include the criteria that the employer would use to determine and implement control measures to reduce employee exposure to hazardous chemicals including engineering controls, the use of personal protective equipment and hygiene practices:
OPTION 2 2 29 CFR 1910.1450(e)(3)(ii): The employer's Chemical Hygiene Plan did not give particular attention to the selection of control measures for chemicals known to be extremely hazardous:
3 29 CFR 1910.1450(e)(3)(iii): The employer's Chemical Hygiene Plan did not include a requirement that fume hoods and other protective equipment functioned properly and did not include specific measures that would be taken to ensure proper and adequate performance of such equipment:
4 29 CFR 1910.1450(e)(3)(iv): The employer's Chemical Hygiene Plan did not include provisions for employee information and training as prescribed in 29 CFR 1910.1450(f):
OSHA Instruction CPL 2.35 CH-10 June 23, 1986 Office of General Industry Compliance Assistance 1 29 CFR 1910.1450(e)(3)(v): The employer's Chemical Hygiene Plan did not specify the circumstances under which a particular laboratory operation, procedure or activity would require prior approval from the employer or employer's designee before implementation:
2 29 CFR 1910.1450(e)(3)(vi): The employer's Chemical Hygiene Plan did not include provisions for medical consultation and medical examinations in accordance with 29 CFR 1910.1450 (g):
3 29 CFR 1910.1450(e)(3)(vii): The employer's Chemical Hygiene Plan did not include the designation of personnel responsible for implementation of the Chemical Hygiene Plan, including the assignment of a Chemical Hygiene Officer; and when appropriate, establishment of a Chemical Hygiene Committee:
OPTION 1 4 29 CFR 1910.1450(e)(3)(viii): The employer's Chemical Hygiene Plan did not provide for additional employee protection for work with particularly hazardous substances, such as "select carcinogens," reproductive toxins and substances which have a high degree of acute toxicity:
OSHA Instruction CPL 2.35 CH-10 June 23, 1986 Office of General Industry Compliance Assistance OPTION 2 1 29 CFR 1910.1450(e)(3)(viii): The employer's Chemical Hygiene Plan did not include provisions for work with particularly hazardous substances giving specific consideration to the following ____________:
2 29 CFR 1910.1450(e)(4): The employer did not review and evaluate the effectiveness of the Chemical Hygiene Plan at least annually and update it as necessary:
OSHA Instruction CPL 2.35 CH-10 June 23, 1986 Office of General Industry Compliance Assistance 1 29 CFR 1910.1450(f)(1): The employer did not provide laboratory employees with information and training to ensure that they were apprised of the hazards of chemicals present in their work area:
2 29 CFR 1910.1450(f)(2): The employer did not provide laboratory employees with information and training at the time of their initial assignment to a work area where hazardous chemicals were present and/or prior to assignments involving new exposure situations:
OPTION 1 3 29 CFR 1910.1450(f)(3)(i): The employer did not inform laboratory employees were not informed of the contents of this standard and its appendices:
OPTION 2 4 29 CFR 1910.1450(f)(3)(i): The employer did not make the contents of this standard and its appendices available to the laboratory employees:
OSHA Instruction CPL 2.35 CH-10 June 23, 1986 Office of General Industry Compliance Assistance 1 29 CFR 1910.1450(f)(3)(ii): The employer did nor inform laboratory employees of the location and availability of the Chemical Hygiene Plan:
2 29 CFR 1910.1450(f)(3)(iii): The employer did not inform laboratory employees of the permissible exposure limits for OSHA regulated substances or recommended exposure limits for other hazardous chemicals where there was no applicable OSHA standard:
3 29 CFR 1910.1450(f)(3)(iv): The employer did not inform laboratory employees of signs and symptoms associated with exposure to hazardous chemicals used in the laboratory:
4 29 CFR 1910.1450(f)(3)(v): The employer did not inform laboratory employees of the location and availability of known reference material on the hazards, safe handling, storage and disposal of hazardous chemicals found in the laboratory including, but not limited to, Material Safety Data Sheets received from the chemical supplier:
OSHA Instruction CPL 2.35 CH-10 June 23, 1986 Office of General Industry Compliance Assistance 1 29 CFR 1910.1450(f)(4)(i)(A): Employee training did not include methods and observations that could be used to detect the presence or release of a hazardous chemical:
NOTE 1: Methods and observations may include monitoring conducted by the employer, continuous monitoring devices, visual appearance or odor of hazardous chemicals when released. NOTE 2: 29 CFR 1910.1450(f)(4)(i)(B) is covered by 29 CFR 1910.1450(f)(1). 2 29 CFR 1910.1450(f)(4)(i)(C): Employee training did not include the measures employees could take to protect themselves from the physical and health hazards of chemicals in the work area, including specific procedures implemented to protect employees from exposure to hazardous chemicals:
3 29 CFR 1910.1450(f)(4)(ii): The laboratory employee was not trained on the applicable details of the employer's written Chemical Hygiene Plan:
OSHA Instruction CPL 2.35 CH-10 June 23, 1986 Office of General Industry Compliance Assistance 1 29 CFR 1910.1450(g)(1): An employee who worked with a hazardous chemical was not provided an opportunity to receive a follow-up examination which the examining physician had determined to be necessary under the circumstances described in 29 CFR 1910.1450(g)(1), paragraphs (i), (ii), and (iii):
2 29 CFR 1910.1450(g)(1)(i): Employees who had developed signs or symptoms associated with a hazardous chemical to which the employee could have been exposed in the laboratory, were not provided an opportunity to receive an appropriate medical examination:
3 29 CFR 1910.1450(g)(1)(ii): Where laboratory exposure monitoring had revealed an exposure level routinely above the action level (or in the absence of an action level, the PEL) for an OSHA regulated substance for which there are exposure monitoring medical surveillance requirements, but medical surveillance was not eastablished for the affected laboratory employees, as prescribed by the particular standard:
OSHA Instruction CPL 2.35 CH-10 June 23, 1986 Office of General Industry Compliance Assistance 1 29 CFR 1910.1450(g)(1)(iii): A spill, leak, explosion or other occurrence resulting in the likelihood of a hazardous exposure had occurred, but the affected laboratory employees were not provided an opportunity for a medical consultation for the purpose of determining the need for a medical examination:
OPTION 1 2 29 CFR 1910.1450(g)(2): All medical examinations and consultations for laboratory employees exposed to hazardous chemicals were not performed by or under the direct supervision of a licensed physician:
OPTION 2 3 29 CFR 1910.1450(g)(2): All medical examinations and consultations for employees exposed to hazardous chemicals were not provided without cost to the employee and without loss of pay:
OPTION 3 4 29 CFR 1910.1450(g)(2): All medical examinations and consultations for employees exposed to hazardous chemicals were not provided at a reasonable time and place:
OSHA Instruction CPL 2.35 CH-10 June 23, 1986 Office of General Industry Compliance Assistance 1 29 CFR 1910.1450(g)(3)(i): The employer did not provide to the physician the identity of the hazardous chemical(s) to which the employee could have been exposed:
2 29 CFR 1910.1450(g)(3)ii): The employer did not provide to the physician a description of the conditions under which the exposure to the employee occurred including quantitative exposure data:
3 29 CFR 1910.1450(g)(3)(iii): The employer did not provide to the physician a description of the signs and symptoms of exposure that the employee was experiencing:
4 29 CFR 1910.1450(g)(4)(i): For an examination or consultation required under this standard, the employer did not obtain a written opinion from the examining physician:
OSHA Instruction CPL 2.35 CH-10 June 23, 1986 Office of General Industry Compliance Assistance 1 29 CFR 1910.1450(g)(4)(i)(A): For an examination or consultation required under this standard, the employer did not obtain a written opinion from the examining physician which indicated whether further medical follow-up was needed:
2 29 CFR 1910.1450(g)(4)(i)(B): For an examination or consultation required under this standard, the employer did not obtain a written opinion from the examining physician which included the results of the medical examination and any associated tests.
OSHA Instruction CPL 2.35 CH-10 June 23, 1986 Office of General Industry Compliance Assistance 1 29 CFR 1910.1450(g)(4)(i)(C): For an examination or consultation required under this standard, the employer did not obtain a written opinion from the examining physician which identified a medical condition revealed in the course of the examination, that could have placed the employee at increased risk as a result of exposure to a hazardous chemical found in the workplace:
2 29 CFR 1910.1450(g)(4)(i)(D): For an examination or consultation required under this standard, the employer did not obtain a written opinion from the examining physician which included a statement that the employee had been informed by the physician of the results of the consultation or medical examination and of any medical condition that could require further examination or treatment:
3 29 CFR 1910.1450(g)(4)(ii): The physician's written opinion revealed specific findings of diagnoses unrelated to the occupational exposure of the employee:
OSHA Instruction CPL 2.35 CH-10 June 23, 1986 Office of General Industry Compliance Assistance 1 29 CFR 1910.1450(h)(1)(i): The employer did not ensure that labels on incoming containers of hazardous chemicals were not removed or defaced:
2 29 CFR 1910.1450(h)(1)(ii): The employer did not maintain the material safety data sheets that were received with incoming shipments of hazardous chemicals, and ensure that they were readily accessible to laboratory employees:
OPTION 1 3 29 CFR 1910.1450(h)(2)(i): The composition of the chemical substance produced exclusively for the laboratory's use was known, but the employer did not determine if it was a hazardous chemical as defined in 29 CFR 1910.1450(b):
OPTION 2 4 29 CFR 1910.1450(h)(2)(i): A chemical substance developed and produced exclusively for the laboratory's use was determined to be hazardous, but the employer did not provide appropriate training as required by 29 CFR 1910.1450(f):
OSHA Instruction CPL 2.35 CH-10 June 23, 1986 Office of General Industry Compliance Assistance 1 29 CFR 1910.1450(h)(2)(ii): When a chemical substance had been developed in the laboratory as a by-product but the composition was not known, the employer did not implement the requirements of 29 CFR 1910.1450(e):
2 29 CFR 1910.1450(h)(2)(iii): A chemical substance developed in the laboratory was produced for another user outside of the laboratory, but the employer did not comply with the Hazard Communication Standard (29 CFR 1910.1200) including the requirements for preparation of material safety data sheets and labeling:
OPTION 1 3 29 CFR 1910. 1450(i): Where the use of respirators was necessary to maintain exposure below permissible exposure limits, but the employer did not provide, at no cost to the employee, the proper respiratory equipment:
OSHA Instruction CPL 2.35 CH-10 June 23, 1986 Office of General Industry Compliance Assistance OPTION 2 1 29 CFR 1910.1450(i): The use of respirators was necessary to maintain exposure below permissible exposure limits, but the respirators were not selected and used in accordance with the requirements of 29 CFR 1910.134:
2 29 CFR 1910.1450(j)(1): Where the employer did not establish and maintain for each laboratory employee an accurate record of measurements taken to monitor employee exposures and any medical consultation and examinations including tests or written opinions required by this standard:
3 29 CFR 1910.1450(j)(2): The employer did not ensure that records of measurements taken to monitor laboratory employee exposures and any medical consultation and examinations were kept, transferred and made available in accordance with 29 CFR 1910.20:
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