1. Responsible Office
2. Action Offices
3. Information Offices
   
   

1. Collection of Information from the Employer
2. Inspection of a Workplace Where the Employer Has Not Assessed the Methylene Chloride Exposure
3. Remote sampling
4. Additional Inspection Guidance
   
   

Questions And Answers
Background Information
Regulatory Text Information

Scope and Application
Exposure Monitoring
Regulated Areas
Methods of Compliance
Respiratory Protection
Medical Surveillance
Hazard Communication
Employee Information and Training
Recordkeeping
Dates

Methylene Chloride Exposure Tracking

1. Purpose.
   
   
2. Reproduced Memorandum.
   
   

Evaluating the Methylene Chloride Hazards and the Effectiveness of the Protective Measures Used
Air Sampling
Airflow Evaluation
Spill Evaluation
Protective Clothing and Equipment Evaluation
Supplied Air Systems Evaluation

1. Federal Register, Volume 62, Number 7, January 10, 1997, pages 1493-1619: Occupational Exposure to Methylene Chloride, Final Rule.
   
   
2. OSHA Instruction, CPL 2.103, September 26, 1994, Field Inspection Reference Manual.
   
   
3. OSHA Instruction, CPL 2-2.30, November 14, 1980, Authorization of Review of Medical Opinions.
   
   
4. OSHA Instruction, CPL 2-2.32, January 19, 1981, Authorization of Review of Specific Medical Information.
   
   
5. OSHA Instruction, CPL 2-2.33, February 8, 1982, Rules of Agency Practice and Procedure Concerning OSHA Access to Employee Medical Records-Procedures Governing Enforcement Activities.
   
   
6. OSHA Instruction, CPL 2-2.46, January 5, 1989, Authorization and Procedures for Reviewing Medical Records.
   
   
7. OSHA Instruction, CPL 2-2.54A, July 14, 2000, Respiratory Protection Program Guidelines.
   
   
8. Federal Register, Volume 62, Number 249, December 18, 1997, pages 66275-66277, Methylene Chloride; Partial Stay.
   
   
9. Federal Register, Volume 63, Number 5, January 8, 1998, pages 1152-1300: Respiratory Protection; Final Rule.
   
   
10. Federal Register, Volume 63, Number 183, September 22, 1998, pages 50711-50732, Methylene Chloride; Final Rule.
    
    

1. Responsible Office. Office of Health Compliance Assistance.
   
   
2. Action Offices. OSHA Regional and Area Offices, and SOL of U.S. Department of Labor.
   
   
3. Information Offices. Office of Occupational Medicine, State Plan State Offices, and Consultation Project Offices.
   
   

1. The final Occupational Exposure to Methylene Chloride Standards, 29 CFR 1910.1052, 29 CFR 1915.1052, and 29 CFR 1926.1152 supersede the regulations for employee exposure to methylene chloride (MC), also known as dichloromethane (DCM), that were contained in the OSHA air contaminant standards 29 CFR 1910.1000, 29 CFR 1915.1000, and 29 CFR 1926.55, for General Industry, Shipyards, and the Construction Industry, respectively. The final rule establishes permissible exposure limits (PELs) of 25 ppm (8-hour time weighted average -- TWA) and 125 ppm (15-minute short term exposure limit -- STEL). In addition, the standard provides for medical removal protection (MRP) benefits for employees and contains other provisions typical of those found in OSHA health standards promulgated under section (6)(b)(5) of the Act. Depending on exposure conditions at the workplace, these other provisions include requirements for:
   
   
   1. Monitoring the workers' exposures;
      
      
   2. Establishing regulated areas to reduce the number of workers potentially exposed;
      
      
   3. Implementing engineering and work practice controls to achieve the necessary reductions in exposure;
      
      
   4. Providing respiratory protection and protective clothing and equipment where necessary;
      
      
   5. Making hygiene facilities available where necessary;
      
      
   6. Making medical surveillance available;
      
      
   7. Communicating information about methylene chloride to workers and training them in its safe use; and
      
      
   8. Keeping records related to the standard.
      
      
2. OSHA published the standard in the Federal Register on January 10, 1997 and made it effective on April 10, 1997. Later, on December 18, 1997, OSHA granted a partial administrative stay of the standard. The stay applied to employers of specified sizes in certain identified application groups, i.e., those that use methylene chloride in certain work operations. It delayed the startup dates by which these employers (1) must use respirators to protect employees exposed above the 8-hour TWA PEL and (2) must have instituted feasible engineering controls for achieving the STEL and the 8-hour TWA PEL. Then subsequently, on September 22, 1998, OSHA published in the Federal Register amendments to the standard. Among other changes, OSHA set new startup dates to replace the ones affected by the administrative stay. The table identified as Figure 1 provides the startup dates for all provisions of the standard for all employers.
   
   
3. The amendments also:
   
   
   1. Modify the medical surveillance provisions to incorporate temporary medical removal protection (MRP). The temporary MRP is accorded employees who are removed or transferred to another job because of a medical determination that exposure to methylene chloride may aggravate or contribute to the employee's existing skin, heart, liver, or neurological disease. The compliance date for the new MRP provisions was October 22, 1998 for all employers.
      
      
   2. Require employers who have been granted a time extension for implementing engineering controls and respiratory protection in order to achieve the 8-hour TWA PEL, and who have done exposure monitoring indicating that the STEL is not exceeded, to nonetheless continue to monitor the STEL exposures at 3-month intervals until they have implemented such engineering controls and/or respiratory protection. The startup date for these employers to resume STEL exposure monitoring was October 22, 1998.
      
      

1. Collection of Information from the Employer. During the opening conference, collect information that will be of assistance when conducting the inspection. Request the employer to provide:
   
   
   1. Required documents, e.g., medical surveillance records, training records, the respiratory protection program for all affected employees, and material safety data sheets (MSDSs) for products containing methylene chloride;
      
      
   2. A copy of any written program for improving or instituting engineering and work practice controls to limit employee exposure to methylene chloride; (Note: The standard does not require the employer to develop a written compliance program. However, whenever monitoring results indicate that employee exposure is above the STEL or the 8-hour TWA PEL, then in accordance with 29 CFR 1910.1052(d)(5)(ii), the employer must describe in the written employee notification of the monitoring results the corrective action being taken to reduce employee exposure to or below the STEL or 8-hour TWA PEL and the schedule for completion of this action.)
      
      
   3. Prior to the walk-around, copies of employee exposure monitoring data including data from a self-audit or consultation visit, objective data, and any other employee exposure assessment data that may be available. (Note: You will need these data to develop a strategy for inspecting the workplace and determining the level of protection required to safely conduct the inspection. If an employer possessing any of these data refuses to supply it, inform the Area Director as the use of compulsory process may be the correct response. The Area Director determines when to use compulsory process as discussed in the FIRM.)
      
      
2. Inspection of a Workplace Where the Employer Has Not Assessed the Methylene Chloride Exposure.
   
   
   1. Some employers will neither have established regulated areas nor determined the airborne levels of methylene chloride in their workplaces. In this situation it may be very difficult to recognize by observation whether in a specific area the methylene chloride air concentrations are above or below the relevant PELs. If this is the case:
      
      
      1. Before conducting the inspection:
         
         

         1. Search the OCIS Lab Report file for previous methylene chloride sample results for the establishment.
         
         2. Review the OCIS OSHA Air Sampling History to identify methylene chloride air concentration levels for the establishment industry.
         
         NOTE: The above paragraphs were deleted on August 2, 2005 and replaced by the language below to reference up-to-date resources and compliance guides. The symbol (***) marks the end of the added paragraphs.

         1. Search the LISA sample results data base for previous methylene chloride sample results which may have been collected for the establishment being inspected (if a previous OSHA inspection has taken place at this site). This data base would list individual sample results obtained during previous inspections conducted at the establishment. The LISA sample results data base may be accessed through the CSHO Home Page under the Reference Information section. Sample results may be accessed by conducting a search using the Area Office Reporting ID number or the individual inspection number.
            
            
         2. Review the IMIS data base to identify industries where methylene chloride over exposures have been cited during OSHA inspections.
            
            
         3. The following OSHA publications were developed after the promulgation of the Methylene Chloride final rule and are available to assist employers in a variety of industries with methylene chloride compliance issues. If the industry to be inspected is one of the following, the CSHO may want to refer to these documents prior to conducting the inspection. These publications will provide guidance on issues related to methylene chloride exposures and their control measures.
            
            
         • OSHA Publication: 3144; Methylene Chloride and;
           
           These small entity compliance guides:
           
         • No. 1 - Exposure Monitoring Requirements
           
         • No. 2 - Medical Surveillance Requirements
           
         • No. 3 - Suggested Engineering Controls for Furniture Refinishers
           
         • No. 4 - Suggested Work Practices for Furniture Refinishers
           
         • No. 5 - Suggested Engineering Controls and Work Practices for Construction Sites
           
         • No. 6 - Suggested Engineering Controls for Flexible Polyurethane Foam Manufacturers
           
         • No. 7 - Suggested Work Practices for Flexible Polyurethane Foam Manufacturers
           
         • No. 8 - Suggested Engineering Controls for Cold Degreasing and Other Cold Cleaning Operations
           
         • No. 9 - Suggested Work Practices for Cold Degreasing and Other Cold Cleaning Operations
           
         • No. 10 - Suggested Engineering Controls for Vapor Degreasing Operations
           
         • No. 11 - Suggested Work Practices for Vapor Degreasing Operations
           
         • Respiratory Protection - Respirator Fit Testing Procedures - Appendix A to 1910.134: Fit Testing Procedures
           
           
           ***
           
           
      2. At the preliminary stage of the inspection, screen the methylene chloride air concentration levels to aid in deciding the approach for proceeding with the inspection.
         
         
   2. The best approach for conducting an inspection in the face of an uncertain methylene chloride exposure hazard will have to be determined on a case-by-case basis. Some possible approaches are as follows:
      
      
      1. Keep close track of the air concentration levels with a direct reading instrument. Use this information to avoid methylene chloride exposures above the PELs and the need for respiratory protection during your conduct of the inspection. In some cases it might be a good idea to carry a gas mask with an organic vapor canister in the event you encounter an emergency escape situation. (Note: The use of air-purifying respirators for protection from methylene chloride concentrations above the PELs is not an option, except for a gas mask with an organic vapor canister in an emergency escape situation.) In some cases you may need to conduct remote sampling of employee exposures to methylene chloride in order to avoid overexposure.
         
         
      2. Keep close track of methylene chloride air concentration levels with a direct reading instrument and don a self-contained breathing apparatus (SCBA) when you need protection against methylene chloride concentrations above either PEL. WARNING: The use of an SCBA is stringently controlled. Refer to paragraph ix.d.3. in instruction cpl 2-2.54a, respiratory protection program guidelines, for the controls on using an SCBA. Staff from the Health Response Team may be available to conduct the inspection if no SCBAs or compliance officers qualified to use SCBAs are available in the Area Office or elsewhere in the Region.
         
         
   3. Upon deciding on an approach for conducting the inspection, review the approach with the Area Office and obtain its approval of the approach before proceeding with the inspection. (Note: The Area Office must consult the Assistant Regional Administrator for Technical Support (ARA/TS) for assistance in determining the appropriateness of SCBA use in a specific situation. Moreover, it must coordinate with the ARA/TS any planned entry involving the use of an SCBA.)
      
      
   4. When you need to monitor your methylene chloride exposure for your protection, keep a record of the time spent in various air concentrations of methylene chloride for calculating your 8-hour TWA and short term exposures. (Some guidance on selecting a monitoring device is contained in Appendix B.)
      
      
3. Remote sampling.
   
   
   1. Remote sampling may be used to document violations if the problems associated with this approach will not be significant or can be resolved in the case at hand.
      
      
   2. In a case where you cannot find a location to observe the work processes or the employees at their work:
      
      
      1. Be on guard against events such as the following going unnoticed:
         
         
         1. Tampering with the sampling device such as turning the pump off or placing the sampler nearer or farther away from the point that would best indicate an employee's exposure.
            
            
         2. Pump failure or malfunction.
            
            
         3. An employee failing to return at the appropriate time for changing the sampling media.
            
            
      2. There may be complications in determining whether the employer has instituted all feasible work practices and engineering controls.
         
         
   3. If you can set up an employee with sampling equipment, place yourself far enough away from an operation to avoid overexposure, but close enough to observe the operation, then remote sampling may not present any problems. However, this would only be the case if you can watch the sampling process well enough to ensure the validity of the samples, and you can examine the work processes and equipment well enough to evaluate the work practices and engineering controls. In a situation where you want to get a closer look at the sampling device, work process, or plant equipment, it may be possible to approach them for a brief time and still avoid overexposure. If this is too risky, it might be possible for you to get a better look with binoculars, a zoom still camera, or a zoom video camera.
      
      
4. Additional Inspection Guidance. Appendices A and C contain additional information you may find helpful in evaluating the employer's compliance with the Methylene Chloride Standard.
   
   

1. The potential hazards which you may encounter at the site, including the potential hazards of methylene chloride.
   
   
2. The contents of the Methylene Chloride standard, including the appendices.
   
   
3. The contents of this instruction.
   
   
4. The appropriate protective equipment you must wear. Each compliance officer who uses protective equipment must be trained in the proper care, use, and limitations of the equipment. Use of respiratory protection by compliance officers is covered in OSHA Instruction CPL 2-2.54A.
   
   
5. The appropriate emergency procedures.
   
   

1. Supplied-air respirators are required for inspections where the compliance officer will need respiratory protection. In the vast majority of cases, the only supplied-air respirator a compliance officer could wear while conducting an inspection is a self-contained breathing apparatus (SCBA). Refer to paragraph IX.D.3. in Instruction CPL 2-2.54A, Respiratory Protection Program Guidelines, for the controls on using an SCBA. Staff from the Health Response Team may be available to conduct the inspection if no SCBAs or compliance officers qualified to use SCBAs are available in the Area Office or elsewhere in the Region. If a situation exists where a respirator would only be needed for emergency escape, then a gas mask with an organic vapor canister is acceptable.
   
   
2. For inspections in which the compliance officer could experience skin or eye exposure to liquid methylene chloride, provide clothing and eye protection that is resistant to methylene chloride.