WAC 296-62-07342
1,2-Dibromo-3-chloropropane. (1) Scope
and application.
(a) This section applies to occupational exposure to
1,2-dibromo-3-chloropropane (DBCP).
(b) This section does not apply to:
(i) Exposure to DBCP which results solely from the
application and use of DBCP as a pesticide; or
(ii) The storage, transportation, distribution or sale of
DBCP in intact containers sealed in such a manner as to
prevent exposure to DBCP vapors or liquids, except for the
requirements of subsections (11), (16) and (17) of this
section.
(2) Definitions applicable to this section:
(a) "Authorized person" - any person specifically
authorized by the employer and whose duties require the person
to be present in areas where DBCP is present; and any person
entering this area as a designated representative of employees
exercising an opportunity to observe employee exposure
monitoring.
(b) "DBCP" - 1,2-dibromo-3-chloropropane, Chemical
Abstracts Service Registry Number 96-12-8, and includes all
forms of DBCP.
(c) "Director" - the director of labor and industries, or
his authorized representative.
(d) "Emergency" - any occurrence such as, but not limited
to equipment failure, rupture of containers, or failure of
control equipment which may, or does, result in unexpected
release of DBCP.
(3) Permissible exposure limits.
(a) Inhalation.
(i) Time-weighted average limit (TWA). The employer
shall assure that no employee is exposed to an airborne
concentration in excess of one part DBCP per billion part of
air (ppb) as an eight-hour time-weighted average.
(ii) Ceiling limit. The employer shall assure that no
employee is exposed to an airborne concentration in excess of
five parts DBCP per billion parts of air (ppb) as averaged
over any fifteen minutes during the working day.
(b) Dermal and eye exposure. The employer shall assure
that no employee is exposed to eye or skin contact with DBCP.
(4) Notification of use. Within ten days of the
effective date of this section or within ten days following
the introduction of DBCP into the workplace, every employer
who has a workplace where DBCP is present shall report the
following information to the director for each such workplace:
(a) The address and location of each workplace in which
DBCP is present;
(b) A brief description of each process or operation
which may result in employee exposure to DBCP;
(c) The number of employees engaged in each process or
operation who may be exposed to DBCP and an estimate of the
frequency and degree of exposure that occurs;
(d) A brief description of the employer's safety and
health program as it relates to limitation of employee
exposure to DBCP.
(5) Regulated areas. The employer shall establish,
within each place of employment, regulated areas wherever DBCP
concentrations are in excess of the permissible exposure
limit.
(a) The employer shall limit access to regulated areas to
authorized persons.
(b) All employees entering or working in a regulated area
shall wear respiratory protection in accordance with Table I.
(6) Exposure monitoring.
(a) General. Determinations of airborne exposure levels
shall be made from air samples that are representative of each
employee's exposure to DBCP over an eight-hour period. (For
the purposes of this section, employee exposure is that
exposure which would occur if the employee were not using a
respirator.)
(b) Initial. Each employer who has a place of employment
in which DBCP is present shall monitor each workplace and work
operation to accurately determine the airborne concentrations
of DBCP to which employees may be exposed.
(c) Frequency.
(i) If the monitoring required by this section reveals
employee exposures to be below the permissible exposure
limits, the employer shall repeat these determinations at
least quarterly.
(ii) If the monitoring required by this section reveals
employee exposure to be in excess of the permissible exposure
limits, the employer shall repeat these determinations for
each such employee at least monthly. The employer shall
continue these monthly determinations until at least two
consecutive measurements, taken at least seven days apart, are
below the permissible exposure limit, thereafter the employer
shall monitor at least quarterly.
(d) Additional. Whenever there has been a production
process, control or personnel change which may result in any
new or additional exposure to DBCP, or whenever the employer
has any other reason to suspect a change which may result in
new or additional exposure to DBCP, additional monitoring
which complies with subsection (6) shall be conducted.
(e) Employee notification.
(i) Within five working days after the receipt of
monitoring results, the employer shall notify each employee in
writing of results which represent the employee's exposure.
(ii) Whenever the results indicate that employee exposure
exceeds the permissible exposure limit, the employer shall
include in the written notice a statement that the permissible
exposure limit was exceeded and a description of the
corrective action being taken to reduce exposure to or below
the permissible exposure limits.
(f) Accuracy of measurement. The method of measurement
shall be accurate, to a confidence level of ninety-five
percent, to within plus or minus twenty-five percent for
concentrations of DBCP at or above the permissible exposure
limits.
(7) Methods of compliance.
(a) Priority of compliance methods. The employer shall
institute engineering and work practice controls to reduce and
maintain employee exposures to DBCP at or below the
permissible exposure limit, except to the extent that the
employer establishes that such controls are not feasible. Where feasible engineering and work practice controls are not
sufficient to reduce employee exposures to within the
permissible exposure limit, the employer shall nonetheless use
them to reduce exposures to the lowest level achievable by
these controls, and shall supplement them by use of
respiratory protection.
(b) Compliance program.
(i) The employer shall establish and implement a written
program to reduce employee exposure to DBCP to or below the
permissible exposure limit solely by means of engineering and
work practice controls as required by this section.
(ii) The written program shall include a detailed
schedule for development and implementation of the engineering
and work practice controls. These plans shall be revised at
least every six months to reflect the current status of the
program.
(iii) Written plans for these compliance programs shall
be submitted upon request to the director, and shall be
available at the worksite for examination and copying by the
director, and any affected employee or designated
representative of employees.
(iv) The employer shall institute and maintain at least
the controls described in his most recent written compliance
program.
(8) Respiratory protection.
(a) General. For employees who are required to use
respirators under this section, the employer must provide each employee an appropriate
respirator that complies with the requirements of this
subsection. Respirators must be used during:
(i) Period necessary to install or implement feasible
engineering and work-practice controls;
(ii) Maintenance and repair activities for which
engineering and work-practice controls are not feasible;
(iii) Work operations for which feasible engineering and
work-practice controls are not yet sufficient to reduce
employee exposure to or below the permissible exposure limit;
(iv) Emergencies.
(b) The employer must establish, implement, and maintain
a respiratory protection program as required by chapter 296-842 WAC, Respirators, which covers each employee required
by this chapter to use a respirator.
(c) Respirator selection. The employer must:
(i) Select and provide to employees appropriate
respirators according to this chapter and WAC 296-842-13005 in
the respirator rule.
(ii) Provide employees with one of the following
respirator options to use for entry into, or escape from,
unknown DBCP concentrations:
(A) A combination respirator that includes a
full-facepiece air-line respirator operated in a
pressure-demand or other positive-pressure mode or
continuous-flow mode and an auxiliary self-contained breathing
apparatus (SCBA) operated in a pressure-demand or
positive-pressure mode;
OR
(B) A full-facepiece SCBA operated in a pressure-demand
or other positive-pressure mode.
(9) Reserved.
(10) Emergency situations.
(a) Written plans.
(i) A written plan for emergency situations shall be
developed for each workplace in which DBCP is present.
(ii) Appropriate portions of the plan shall be
implemented in the event of an emergency.
(b) Employees engaged in correcting conditions shall be
equipped as required in subsection (11) of this section until
the emergency is abated.
(c) Evacuation. Employees not engaged in correcting the
emergency shall be removed and restricted from the area and
normal operations in the affected area shall not be resumed
until the emergency is abated.
(d) Alerting employees. Where there is a possibility of
employee exposure to DBCP due to the occurrence of an
emergency, a general alarm shall be installed and maintained
to promptly alert employees of such occurrences.
(e) Medical surveillance. For any employee exposed to
DBCP in an emergency situation, the employer shall provide
medical surveillance in accordance with subsection (14) of
this section.
(f) Exposure monitoring.
(i) Following an emergency, the employer shall conduct
monitoring which complies with subsection (6) of this section.
(ii) In workplaces not normally subject to periodic
monitoring, the employer may terminate monitoring when two
consecutive measurements indicate exposures below the
permissible exposure limit.
(11) Protective clothing and equipment.
(a) Provision and use. Where eye or skin contact with
liquid or solid DBCP may occur, employers shall provide at no
cost to the employee, and assure that employees wear
impermeable protective clothing and equipment in accordance
with WAC 296-800-160 to protect the area of the body which may
come in contact with DBCP.
(b) Cleaning and replacement.
(i) The employer shall clean, launder, maintain, or
replace protective clothing and equipment required by this
subsection to maintain their effectiveness. In addition, the
employer shall provide clean protective clothing and equipment
at least daily to each affected employee.
(ii) Removal and storage.
(A) The employer shall assure that employees remove DBCP
contaminated work clothing only in change rooms provided in
accordance with subsection (13) of this section.
(B) The employer shall assure that employees promptly
remove any protective clothing and equipment which becomes
contaminated with DBCP-containing liquids and solids. This
clothing shall not be reworn until the DBCP has been removed
from the clothing or equipment.
(C) The employer shall assure that no employee takes DBCP
contaminated protective devices and work clothing out of the
change room, except those employees authorized to do so for
the purpose of laundering, maintenance, or disposal.
(iii) The employer shall assure that DBCP-contaminated
protective work clothing and equipment is placed and stored in
closed containers which prevent dispersion of DBCP outside the
container.
(iv) The employer shall inform any person who launders or
cleans DBCP-contaminated protective clothing or equipment of
the potentially harmful effects of exposure to DBCP.
(v) The employer shall assure that the containers of
contaminated protective clothing and equipment which are to be
removed from the workplace for any reason are labeled in
accordance with subsection (16)(c) of this section.
(vi) The employer shall prohibit the removal of DBCP from
protective clothing and equipment by blowing or shaking.
(12) Housekeeping.
(a) Surfaces.
(i) All surfaces shall be maintained free of
accumulations of DBCP.
(ii) Dry sweeping and the use of air for the cleaning of
floors and other surfaces where DBCP dust or liquids are found
is prohibited.
(iii) Where vacuuming methods are selected, either
portable units or a permanent system may be used.
(A) If a portable unit is selected, the exhaust shall be
attached to the general workplace exhaust ventilation system
or collected within the vacuum unit, equipped with high
efficiency filters or other appropriate means of contaminant
removal, so that DBCP is not reintroduced into the workplace
air; and
(B) Portable vacuum units used to collect DBCP may not be
used for other cleaning purposes and shall be labeled as
prescribed by subsection (16)(c) of this section.
(iv) Cleaning of floors and other contaminated surfaces
may not be performed by washing down with a hose, unless a
fine spray has first been laid down.
(b) Liquids. Where DBCP is present in a liquid form, or
as a resultant vapor, all containers or vessels containing
DBCP shall be enclosed to the maximum extent feasible and
tightly covered when not in use.
(c) Waste disposal. DBCP waste, scrap, debris, bags,
containers or equipment, shall be disposed in sealed bags or
other closed containers which prevent dispersion of DBCP
outside the container.
(13) Hygiene facilities and practices.
(a) Change rooms. The employer shall provide clean
change rooms equipped with storage facilities for street
clothes and separate storage facilities for protective
clothing and equipment whenever employees are required to wear
protective clothing and equipment in accordance with
subsections (8), (9) and (11) of this section.
(b) Showers.
(i) The employer shall assure that employees working in
the regulated area shower at the end of the work shift.
(ii) The employer shall assure that employees whose skin
becomes contaminated with DBCP-containing liquids or solids
immediately wash or shower to remove any DBCP from the skin.
(iii) The employer shall provide shower facilities in
accordance with WAC 296-800-230.
(c) Lunchrooms. The employer shall provide lunchroom
facilities which have a temperature controlled, positive
pressure, filtered air supply, and which are readily
accessible to employees working in regulated areas.
(d) Lavatories.
(i) The employer shall assure that employees working in
the regulated area remove protective clothing and wash their
hands and face prior to eating.
(ii) The employer shall provide a sufficient number of
lavatory facilities which comply with WAC 296-800-230.
(e) Prohibition of activities in regulated areas. The
employer shall assure that, in regulated areas, food or
beverages are not present or consumed, smoking products and
implements are not present or used, and cosmetics are not
present or applied.
(14) Medical surveillance.
(a) General. The employer shall institute a program of
medical surveillance for each employee who is or will be
exposed, without regard to the use of respirators, to DBCP. The employer shall provide each such employee with an
opportunity for medical examinations and tests in accordance
with this subsection. All medical examinations and procedures
shall be performed by or under the supervision of a licensed
physician, and shall be provided without cost to the employee.
(b) Frequency and content. At the time of initial
assignment, annually thereafter, and whenever exposure to DBCP
occurs, the employer shall provide a medical examination for
employees who work in regulated areas, which includes at least
the following:
(i) A complete medical and occupational history with
emphasis on reproductive history.
(ii) A complete physical examination with emphasis on the
genito-urinary tract, testicle size, and body habitus
including the following tests:
(A) Sperm count;
(B) Complete urinalysis (U/A);
(C) Complete blood count; and
(D) Thyroid profile.
(iii) A serum specimen shall be obtained and the
following determinations made by radioimmunoassay techniques
utilizing National Institutes of Health (NIH) specific antigen
or one of equivalent sensitivity:
(A) Serum multiphasic analysis (SMA 12);
(B) Serum follicle stimulating hormone (FSH);
(C) Serum luteinizing hormone (LH); and
(D) Serum estrogen (females).
(iv) Any other tests deemed appropriate by the examining
physician.
(c) Additional examinations. If the employee for any
reason develops signs or symptoms commonly associated with
exposure to DBCP, the employer shall provide the employee with
a medical examination which shall include those elements
considered appropriate by the examining physician.
(d) Information provided to the physician. The employer
shall provide the following information to the examining
physician:
(i) A copy of this standard and its appendices;
(ii) A description of the affected employee's duties as
they relate to the employee's exposure;
(iii) The level of DBCP to which the employee is exposed;
and
(iv) A description of any personal protective equipment
used or to be used.
(e) Physician's written opinion.
(i) For each examination under this section, the employer
shall obtain and provide the employee with a written opinion
from the examining physician which shall include:
(A) The results of the medical tests performed;
(B) The physician's opinion as to whether the employee
has any detected medical condition which would place the
employee at an increased risk of material impairment of health
from exposure to DBCP;
(C) Any recommended limitations upon the employee's
exposure to DBCP or upon the use of protective clothing and
equipment such as respirators; and
(D) A statement that the employee was informed by the
physician of the results of the medical examination, and any
medical conditions which require further examination or
treatment.
(ii) The employer shall instruct the physician not to
reveal in the written opinion specific findings or diagnoses
unrelated to occupational exposure to DBCP.
(iii) The employer shall provide a copy of the written
opinion to the affected employee.
(f) Emergency situations. If the employee is exposed to
DBCP in an emergency situation, the employer shall provide the
employee with a sperm count test as soon as practicable, or,
if the employee is unable to produce a semen specimen, the
hormone tests contained in subsection (14)(b) of this section.
The employer shall provide these same tests three months
later.
(15) Employee information and training.
(a) Training program.
(i) Within thirty days of the effective date of this
standard, the employer shall institute a training program for
all employees who may be exposed to DBCP and shall assure
their participation in such training program.
(ii) The employer shall assure that each employee is
informed of the following:
(A) The information contained in Appendices A, B and C;
(B) The quantity, location, manner of use, release or
storage of DBCP and the specific nature of operations which
could result in exposure to DBCP as well as any necessary
protective steps;
(C) The purpose, proper use, limitations, and other
training requirements covering respiratory protection as
required in chapter 296-62 WAC, Part E;
(D) The purpose and description of the medical
surveillance program required by subsection (14) of this
section; and
(E) A review of this standard.
(b) Access to training materials.
(i) The employer shall make a copy of this standard and
its appendices readily available to all affected employees.
(ii) The employer shall provide, upon request, all
materials relating to the employee information and training
program to the director.
(16) Signs and labels.
(a) General.
(i) The employer may use labels or signs required by
other statutes, regulations, or ordinances in addition to or
in combination with, signs and labels required by this
subsection.
(ii) The employer shall assure that no statement appears
on or near any sign or label required by this subsection which
contradicts or detracts from the required sign or label.
(b) Signs.
(i) The employer shall post signs to clearly indicate all
work areas where DBCP may be present. These signs shall bear
the legend:
DANGER
1,2-Dibromo-3-chloropropane
(Insert appropriate trade or common names)
CANCER HAZARD
AUTHORIZED PERSONNEL ONLY
(ii) Where airborne concentrations of DBCP exceed the
permissible exposure limits, the signs shall bear the
additional legend:
RESPIRATOR REQUIRED
(c) Labels.
(i) The employer shall assure that precautionary labels
are affixed to all containers of DBCP and of products
containing DBCP, and that the labels remain affixed when the
DBCP or products containing DBCP are sold, distributed, or
otherwise leave the employer's workplace. Where DBCP or
products containing DBCP are sold, distributed or otherwise
leave the employer's workplace bearing appropriate labels
required by EPA under the regulations in 40 CFR Part 162, the
labels required by this subsection need not be affixed.
(ii) The employer shall assure that the precautionary
labels required by this subsection are readily visible and
legible. The labels shall bear the following legend:
DANGER
1,2-Dibromo-3-chloropropane
CANCER HAZARD
(17) Recordkeeping.
(a) Exposure monitoring.
(i) The employer shall establish and maintain an accurate
record of all monitoring required by subsection (6) of this
section.
(ii) This record shall include:
(A) The dates, number, duration and results of each of
the samples taken, including a description of the sampling
procedure used to determine representative employee exposure;
(B) A description of the sampling and analytical methods
used;
(C) Type of respiratory worn, if any; and
(D) Name, Social Security number, and job classification
of the employee monitored and of all other employees whose
exposure the measurement is intended to represent.
(iii) The employer shall maintain this record for at
least forty years or the duration of employment plus twenty
years, whichever is longer.
(b) Medical surveillance.
(i) The employer shall establish and maintain an accurate
record for each employee subject to medical surveillance
required by subsection (14) of this section.
(ii) This record shall include:
(A) The name and Social Security number of the employee;
(B) A copy of the physician's written opinion;
(C) Any employee medical complaints related to exposure
to DBCP;
(D) A copy of the information provided the physician as
required by subsection (14)(c) of this section; and
(E) A copy of the employee's medical and work history.
(iii) The employer shall maintain this record for at
least forty years or the duration of employment plus twenty
years, whichever is longer.
(c) Availability.
(i) The employer shall assure that all records required
to be maintained by this section be made available upon
request to the director for examination and copying.
(ii) Employee exposure monitoring records and employee
medical records required by this subsection shall be provided
upon request to employees' designated representatives and the
assistant director in accordance with chapter 296-802 WAC.
(d) Transfer of records.
(i) If the employer ceases to do business, the successor
employer shall receive and retain all records required to be
maintained by this section for the prescribed period.
(ii) If the employer ceases to do business and there is
no successor employer to receive and retain the records for
the prescribed period, the employer shall transmit these
records by mail to the director.
(iii) At the expiration of the retention period for the
records required to be maintained under this section, the
employer shall transmit these records by mail to the director.
(iv) The employer shall also comply with any additional
requirements involving transfer of records set forth in
chapter 296-802 WAC.
(18) Observation of monitoring.
(a) Employee observation. The employer shall provide
affected employees, or their designated representatives, an
opportunity to observe any monitoring of employee exposure to
DBCP conducted under subsection (6) of this section.
(b) Observation procedures.
(i) Whenever observation of the measuring or monitoring
of employee exposure to DBCP requires entry into an area where
the use of protective clothing or equipment is required, the
employer shall provide the observer with personal protective
clothing or equipment required to be worn by employees working
in the area, assure the use of such clothing and equipment,
and require the observer to comply with all other applicable
safety and health procedures.
(ii) Without interfering with the monitoring or
measurement, observers shall be entitled to:
(A) Receive an explanation of the measurement procedures;
(B) Observe all steps related to the measurement of
airborne concentrations of DBCP performed at the place of
exposure; and
(C) Record the results obtained.
(19) Appendices. The information contained in the
appendices is not intended, by itself, to create any
additional obligations not otherwise imposed or to detract
from any existing obligation.