WAC 296-155-174
Cadmium. (1) Scope. This standard
applies to all occupational exposures to cadmium and cadmium
compounds, in all forms, in all construction work where an
employee may potentially be exposed to cadmium. Construction
work is defined as work involving construction, alteration,
and/or repair, including but not limited to the following:
(a) Wrecking, demolition, or salvage of structures where
cadmium or materials containing cadmium are present;
(b) Use of cadmium containing-paints and cutting,
brazing, burning, grinding, or welding on surfaces that were
painted with cadmium-containing paints;
(c) Construction, alteration, repair, maintenance, or
renovation of structures, substrates, or portions thereof,
that contain cadmium, or materials containing cadmium;
(d) Cadmium welding; cutting and welding cadmium-plated
steel; brazing or welding with cadmium alloys;
(e) Installation of products containing cadmium;
(f) Electrical grounding with cadmium-welding, or
electrical work using cadmium-coated conduit;
(g) Maintaining or retrofitting cadmium-coated equipment;
(h) Cadmium contamination/emergency cleanup; and
(i) Transportation, disposal, storage, or containment of
cadmium or materials containing cadmium on the site or
location at which construction activities are performed.
(2) Definitions.
(a) Action level (AL) is defined as an airborne
concentration of cadmium of 2.5 micrograms per cubic meter of
air (2.5 µg/m3), calculated as an 8-hour time-weighted average
(TWA).
(b) Authorized person means any person authorized by the
employer and required by work duties to be present in
regulated areas or any person authorized by WISHA or
regulations issued under it to be in regulated areas.
(c) Competent person, in accordance with WAC 296-155-012(4), means a person designated by the employer to
act on the employer's behalf who is capable of identifying
existing and potential cadmium hazards in the workplace and
the proper methods to control them in order to protect
workers, and has the authority necessary to take prompt
corrective measures to eliminate or control such hazards. The
duties of a competent person include at least the following:
Determining prior to the performance of work whether cadmium
is present in the workplace; establishing, where necessary,
regulated areas and assuring that access to and from those
areas is limited to authorized employees; assuring the
adequacy of any employee exposure monitoring required by this
standard; assuring that all employees exposed to air cadmium
levels above the PEL wear appropriate personal protective
equipment and are trained in the use of appropriate methods of
exposure control; assuring that proper hygiene facilities are
provided and that workers are trained to use those facilities;
and assuring that the engineering controls required by this
standard are implemented, maintained in proper operating
condition, and functioning properly.
(d) Director means the director of the department of
labor and industries or authorized representative.
(e) Employee exposure and similar language referring to
the air cadmium level to which an employee is exposed means
the exposure to airborne cadmium that would occur if the
employee were not using respiratory protective equipment.
(f) Final medical determination is the written medical
opinion of the employee's health status by the examining
physician under subsection (12)(c) through (l) of this section
or, if multiple physician review under subsection (12)(m) of
this section or the alternative physician determination under
subsection (12)(n) of this section is invoked, it is the
final, written medical finding, recommendation or
determination that emerges from that process.
(g) High-efficiency particulate air (HEPA) filter means a
filter capable of trapping and retaining at least 99.97
percent of mono-dispersed particles of 0.3 micrometers in
diameter.
(h) Regulated area means an area demarcated by the
employer where an employee's exposure to airborne
concentrations of cadmium exceeds, or can reasonably be
expected to exceed the permissible exposure limit (PEL).
(i) This section means this cadmium standard.
(3) Permissible exposure limit (PEL). The employer shall
assure that no employee is exposed to an airborne
concentration of cadmium in excess of five micrograms per
cubic meter of air (5 µg/m3), calculated as an 8-hour
time-weighted average exposure (TWA).
(4) Exposure monitoring
(a) General.
(i) Prior to the performance of any construction work
where employees may be potentially exposed to cadmium, the
employer shall establish the applicability of this standard by
determining whether cadmium is present in the workplace and
whether there is the possibility that employee exposures will
be at or above the action level. The employer shall designate
a competent person who shall make this determination. Investigation and material testing techniques shall be used,
as appropriate, in the determination. Investigation shall
include a review of relevant plans, past reports, material
safety data sheets, and other available records, and
consultations with the property owner and discussions with
appropriate individuals and agencies.
(ii) Where cadmium has been determined to be present in
the workplace, and it has been determined that there is a
possibility the employee's exposure will be at or above the
action level, the competent person shall identify employees
potentially exposed to cadmium at or above the action level.
(iii) Determinations of employee exposure shall be made
from breathing-zone air samples that reflect the monitored
employee's regular, daily 8-hour TWA exposure to cadmium.
(iv) Eight-hour TWA exposures shall be determined for
each employee on the basis of one or more personal
breathing-zone air samples reflecting full shift exposure on
each shift, for each job classification, in each work area. Where several employees perform the same job tasks, in the
same job classification, on the same shift, in the same work
area, and the length, duration, and level of cadmium exposures
are similar, an employer may sample a representative fraction
of the employees instead of all employees in order to meet
this requirement. In representative sampling, the employer
shall sample the employee(s) expected to have the highest
cadmium exposures.
(b) Specific.
(i) Initial monitoring. Except as provided for in
(b)(iii) of this subsection, where a determination conducted
under (a)(i) of this subsection shows the possibility of
employee exposure to cadmium at or above the action level, the
employer shall conduct exposure monitoring as soon as
practicable that is representative of the exposure for each
employee in the workplace who is or may be exposed to cadmium
at or above the action level.
(ii) In addition, if the employee periodically performs
tasks that may expose the employee to a higher concentration
of airborne cadmium, the employee shall be monitored while
performing those tasks.
(iii) Where the employer has objective data, as defined
in subsection (14)(b) of this section, demonstrating that
employee exposure to cadmium will not exceed airborne
concentrations at or above the action level under the expected
conditions of processing, use, or handling, the employer may
rely upon such data instead of implementing initial
monitoring.
(iv) Where a determination conducted under (a) or (b) of
this subsection is made that a potentially exposed employee is
not exposed to airborne concentrations of cadmium at or above
the action level, the employer shall make a written record of
such determination. The record shall include at least the
monitoring data developed under (b)(i) through (iii) of this
subsection, where applicable, and shall also include the date
of determination, and the name and Social Security number of
each employee.
(c) Monitoring frequency (periodic monitoring).
(i) If the initial monitoring or periodic monitoring
reveals employee exposures to be at or above the action level,
the employer shall monitor at a frequency and pattern needed
to assure that the monitoring results reflect with reasonable
accuracy the employee's typical exposure levels, given the
variability in the tasks performed, work practices, and
environmental conditions on the job site, and to assure the
adequacy of respiratory selection and the effectiveness of
engineering and work practice controls.
(ii) If the initial monitoring or the periodic monitoring
indicates that employee exposures are below the action level
and that result is confirmed by the results of another
monitoring taken at least seven days later, the employer may
discontinue the monitoring for those employees whose exposures
are represented by such monitoring.
(d) Additional monitoring. The employer also shall
institute the exposure monitoring required under (b)(i) and
(c) of this subsection whenever there has been a change in the
raw materials, equipment, personnel, work practices, or
finished products that may result in additional employees
being exposed to cadmium at or above the action level or in
employees already exposed to cadmium at or above the action
level being exposed above the PEL, or whenever the employer or
competent person has any reason to suspect that any other
change might result in such further exposure.
(e) Employee notification of monitoring results.
(i) No later than five working days after the receipt of
the results of any monitoring performed under this section,
the employer shall notify each affected employee individually
in writing of the results. In addition, within the same time
period, the employer shall post the results of the exposure
monitoring in an appropriate location that is accessible to
all affected employees.
(ii) Wherever monitoring results indicate that employee
exposure exceeds the PEL, the employer shall include in the
written notice a statement that the PEL has been exceeded and
a description of the corrective action being taken by the
employer to reduce employee exposure to or below the PEL.
(f) Accuracy of measurement. The employer shall use a
method of monitoring and analysis that has an accuracy of not
less than plus or minus 25 percent (± 25%), with a confidence
level of 95 percent, for airborne concentrations of cadmium at
or above the action level and the permissible exposure limit.
(5) Regulated areas.
(a) Establishment. The employer shall establish a
regulated area wherever an employee's exposure to airborne
concentrations of cadmium is, or can reasonably be expected to
be in excess of the permissible exposure limit (PEL).
(b) Demarcation. Regulated areas shall be demarcated
from the rest of the workplace in any manner that adequately
establishes and alerts employees of the boundaries of the
regulated area, including employees who are or may be
incidentally in the regulated areas, and that protects persons
outside the area from exposure to airborne concentrations of
cadmium in excess of the PEL.
(c) Access. Access to regulated areas shall be limited
to authorized persons.
(d) Provision of respirators. Each person entering a
regulated area shall be supplied with and required to use a
respirator, selected in accordance with subsection (7)(b) of
this section.
(e) Prohibited activities. The employer shall assure
that employees do not eat, drink, smoke, chew tobacco or gum,
or apply cosmetics in regulated areas, or carry the products
associated with any of these activities into regulated areas
or store such products in those areas.
(6) Methods of compliance.
(a) Compliance hierarchy.
(i) Except as specified in (a)(ii) of this subsection,
the employer shall implement engineering and work practice
controls to reduce and maintain employee exposure to cadmium
at or below the PEL, except to the extent that the employer
can demonstrate that such controls are not feasible.
(ii) The requirement to implement engineering controls to
achieve the PEL does not apply where the employer demonstrates
the following:
(A) The employee is only intermittently exposed; and
(B) The employee is not exposed above the PEL on thirty
or more days per year (twelve consecutive months).
(iii) Wherever engineering and work practice controls are
not sufficient to reduce employee exposure to or below the
PEL, the employer nonetheless shall implement such controls to
reduce exposures to the lowest levels achievable. The
employer shall supplement such controls with respiratory
protection that complies with the requirements of subsection
(7) of this section and the PEL.
(iv) The employer shall not use employee rotation as a
method of compliance.
(b) Specific operations.
(i) Abrasive blasting. Abrasive blasting on cadmium or
cadmium-containing materials shall be conducted in a manner
that will provide adequate protection.
(ii) Heating cadmium and cadmium-containing materials.
Welding, cutting, and other forms of heating of cadmium or
cadmium-containing materials shall be conducted in accordance
with the requirements of WAC 296-155-415 and 296-155-420,
where applicable.
(c) Prohibitions.
(i) High speed abrasive disc saws and similar abrasive
power equipment shall not be used for work on cadmium or
cadmium-containing materials unless they are equipped with
appropriate engineering controls to minimize emissions, if the
exposure levels are above the PEL.
(ii) Materials containing cadmium shall not be applied by
spray methods, if exposures are above the PEL, unless
employees are protected with supplied-air respirators with
full facepiece, hood, helmet, suit, operated in positive
pressure mode and measures are instituted to limit overspray
and prevent contamination of adjacent areas.
(d) Mechanical ventilation.
(i) When ventilation is used to control exposure,
measurements that demonstrate the effectiveness of the system
in controlling exposure, such as capture velocity, duct
velocity, or static pressure shall be made as necessary to
maintain its effectiveness.
(ii) Measurements of the system's effectiveness in
controlling exposure shall be made as necessary within five
working days of any change in production, process, or control
that might result in a significant increase in employee
exposure to cadmium.
(iii) Recirculation of air. If air from exhaust
ventilation is recirculated into the workplace, the system
shall have a high efficiency filter and be monitored to assure
effectiveness.
(iv) Procedures shall be developed and implemented to
minimize employee exposure to cadmium when maintenance of
ventilation systems and changing of filters is being
conducted.
(e) Compliance program.
(i) Where employee exposure to cadmium exceeds the PEL
and the employer is required under (a) of this subsection to
implement controls to comply with the PEL, prior to the
commencement of the job the employer shall establish and
implement a written compliance program to reduce employee
exposure to or below the PEL. To the extent that engineering
and work practice controls cannot reduce exposures to or below
the PEL, the employer shall include in the written compliance
program the use of appropriate respiratory protection to
achieve compliance with the PEL.
(ii) Written compliance programs shall be reviewed and
updated as often and as promptly as necessary to reflect
significant changes in the employer's compliance status or
significant changes in the lowest air cadmium level that is
technologically feasible.
(iii) A competent person shall review the comprehensive
compliance program initially and after each change.
(iv) Written compliance programs shall be provided upon
request for examination and copying to the director, or
authorized representatives, affected employees, and designated
employee representatives.
(7) Respirator protection.
(a) General. For employees who use respirators required
by this section, the employer must provide each employee with an appropriate respirator that
complies with the requirements of this section. Respirators
must be used during:
(i) Periods necessary to install or implement feasible
engineering and work-practice controls when employee exposures
exceed the PEL.
(ii) Maintenance and repair activities, and brief or
intermittent operations, for which employee exposures exceed
the PEL and engineering and work-practice controls are not
feasible or are not required.
(iii) Work operations in regulated areas specified in
subsection (5) of this section.
(iv) Work operations for which the employer has
implemented all feasible engineering and work-practice
controls, and such controls are not sufficient to reduce
exposures to or below the PEL.
(v) Emergencies.
(vi) Work operations for which an employee, who is
exposed to cadmium at or above the action level, requests a
respirator.
(vii) Work operations for which engineering controls are
not required under (a)(ii) of this subsection to reduce
employee exposures that exceed the PEL.
(b) Respirator program.
(i) The employer must develop, implement, and maintain a
respiratory protection program as required by chapter 296-842
WAC, except WAC 296-842-14005, which covers each employee
required by this chapter to use a respirator.
(ii) If an employee has breathing difficulty during fit
testing or respirator use, the employer must provide the
employee with a medical examination as required by subsection
(12)(f)(ii) of this section to determine if the employee can
use a respirator while performing the required duties.
(iii) No employees must use a respirator when, based on
their recent medical examination, the examining physician
determines that the employee will be unable to continue to
function normally while using a respirator. If the physician
determines the employee must be limited in, or removed from,
their current job because of the employee's inability to use a
respirator, the job limitation or removal must be conducted as
required by (k) and (l) of this subsection.
(c) Respirator selection. The employer must:
(i) Select and provide the appropriate respirator as
specified in this section and WAC 296-842-13005 in the
respirator rule.
• Provide employees with full facepiece respirators when
they experience eye irritation.
• Make sure high-efficiency particulate air (HEPA)
filters or N-, R-, or P-100 series filters are provided for
powered air-purifying respirators (PAPRs) and
negative-pressure air-purifying respirators.
(ii) The employer shall provide a powered, air-purifying
respirator (PAPR) instead of a negative-pressure respirator
when an employee entitled to a respirator chooses to use this
type of respirator and such a respirator will provide adequate
protection to the employee.
(8) Emergency situations. The employer shall develop and
implement a written plan for dealing with emergency situations
involving substantial releases of airborne cadmium. The plan
shall include provisions for the use of appropriate
respirators and personal protective equipment. In addition,
employees not essential to correcting the emergency situation
shall be restricted from the area and normal operations halted
in that area until the emergency is abated.
(9) Protective work clothing and equipment
(a) Provision and use. If an employee is exposed to
airborne cadmium above the PEL or where skin or eye irritation
is associated with cadmium exposure at any level, the employer
shall provide at no cost to the employee, and assure that the
employee uses, appropriate protective work clothing and
equipment that prevents contamination of the employee and the
employee's garments. Protective work clothing and equipment
includes, but is not limited to:
(i) Coveralls or similar full-body work clothing;
(ii) Gloves, head coverings, and boots or foot coverings;
and
(iii) Face shields, vented goggles, or other appropriate
protective equipment that complies with WAC 296-155-215.
(b) Removal and storage.
(i) The employer shall assure that employees remove all
protective clothing and equipment contaminated with cadmium at
the completion of the work shift and do so only in change
rooms provided in accordance with subsection (10)(a) of this
section.
(ii) The employer shall assure that no employee takes
cadmium-contaminated protective clothing or equipment from the
workplace, except for employees authorized to do so for
purposes of laundering, cleaning, maintaining, or disposing of
cadmium-contaminated protective clothing and equipment at an
appropriate location or facility away from the workplace.
(iii) The employer shall assure that contaminated
protective clothing and equipment, when removed for
laundering, cleaning, maintenance, or disposal, is placed and
stored in sealed, impermeable bags or other closed,
impermeable containers that are designed to prevent dispersion
of cadmium dust.
(iv) The employer shall assure that containers of
contaminated protective clothing and equipment that are to be
taken out of the change rooms or the workplace for laundering,
cleaning, maintenance or disposal shall bear labels in
accordance with subsection (13)(c) of this section.
(c) Cleaning, replacement, and disposal.
(i) The employer shall provide the protective clothing
and equipment required by (a) of this subsection in a clean
and dry condition as often as necessary to maintain its
effectiveness, but in any event at least weekly. The employer
is responsible for cleaning and laundering the protective
clothing and equipment required by this subsection to maintain
its effectiveness and is also responsible for disposing of
such clothing and equipment.
(ii) The employer also is responsible for repairing or
replacing required protective clothing and equipment as needed
to maintain its effectiveness. When rips or tears are
detected while an employee is working they shall be
immediately mended, or the worksuit shall be immediately
replaced.
(iii) The employer shall prohibit the removal of cadmium
from protective clothing and equipment by blowing, shaking, or
any other means that disperses cadmium into the air.
(iv) The employer shall assure that any laundering of
contaminated clothing or cleaning of contaminated equipment in
the workplace is done in a manner that prevents the release of
airborne cadmium in excess of the permissible exposure limit
prescribed in subsection (3) of this section.
(v) The employer shall inform any person who launders or
cleans protective clothing or equipment contaminated with
cadmium of the potentially harmful effects of exposure to
cadmium, and that the clothing and equipment should be
laundered or cleaned in a manner to effectively prevent the
release of airborne cadmium in excess of the PEL.
(10) Hygiene areas and practices.
(a) General. For employees whose airborne exposure to
cadmium is above the PEL, the employer shall provide clean
change rooms, handwashing facilities, showers, and lunchroom
facilities that comply with WAC 296-155-140.
(b) Change rooms. The employer shall assure that change
rooms are equipped with separate storage facilities for street
clothes and for protective clothing and equipment, which are
designed to prevent dispersion of cadmium and contamination of
the employee's street clothes.
(c) Showers and handwashing facilities.
(i) The employer shall assure that employees whose
airborne exposure to cadmium is above the PEL shower during
the end of the work shift.
(ii) The employer shall assure that employees who are
exposed to cadmium above the PEL wash their hands and faces
prior to eating, drinking, smoking, chewing tobacco or gum, or
applying cosmetics.
(d) Lunchroom facilities.
(i) The employer shall assure that the lunchroom
facilities are readily accessible to employees, that tables
for eating are maintained free of cadmium, and that no
employee in a lunchroom facility is exposed at any time to
cadmium at or above a concentration of 2.5 µg/m3.
(ii) The employer shall assure that employees do not
enter lunchroom facilities with protective work clothing or
equipment unless surface cadmium has been removed from the
clothing and equipment by HEPA vacuuming or some other method
that removes cadmium dust without dispersing it.
(11) Housekeeping.
(a) All surfaces shall be maintained as free as
practicable of accumulations of cadmium.
(b) All spills and sudden releases of material containing
cadmium shall be cleaned up as soon as possible.
(c) Surfaces contaminated with cadmium shall, wherever
possible, be cleaned by vacuuming or other methods that
minimize the likelihood of cadmium becoming airborne.
(d) HEPA-filtered vacuuming equipment or equally
effective filtration methods shall be used for vacuuming. The
equipment shall be used and emptied in a manner that minimizes
the reentry of cadmium into the workplace.
(e) Shoveling, dry or wet sweeping, and brushing may be
used only where vacuuming or other methods that minimize the
likelihood of cadmium becoming airborne have been tried and
found not to be effective.
(f) Compressed air shall not be used to remove cadmium
from any surface unless the compressed air is used in
conjunction with a ventilation system designed to capture the
dust cloud created by the compressed air.
(g) Waste, scrap, debris, bags, containers, personal
protective equipment, and clothing contaminated with cadmium
and consigned for disposal shall be collected and disposed of
in sealed impermeable bags or other closed, impermeable
containers. These bags and containers shall be labeled in
accordance with subsection (13)(b) of this section.
(12) Medical surveillance.
(a) General.
(i) Scope.
(A) Currently exposed -- The employer shall institute a
medical surveillance program for all employees who are or may
be exposed at or above the action level and all employees who
perform the following tasks, operations, or jobs: Electrical
grounding with cadmium-welding; cutting, brazing, burning,
grinding, or welding on surfaces that were painted with
cadmium-containing paints; electrical work using
cadmium-coated conduit; use of cadmium containing paints;
cutting and welding cadmium-plated steel; brazing or welding
with cadmium alloys; fusing of reinforced steel by cadmium
welding; maintaining or retrofitting cadmium-coated equipment;
and, wrecking and demolition where cadmium is present. A
medical surveillance program will not be required if the
employer demonstrates that the employee:
(I) Is not currently exposed by the employer to airborne
concentrations of cadmium at or above the action level on
thirty or more days per year (twelve consecutive months); and
(II) Is not currently exposed by the employer in those
tasks on thirty or more days per year (twelve consecutive
months).
(B) Previously exposed -- The employer shall also institute
a medical surveillance program for all employees who might
previously have been exposed to cadmium by the employer prior
to the effective date of this section in tasks specified under
(a)(i)(A) of this subsection, unless the employer demonstrates
that the employee did not in the years prior to the effective
date of this section work in those tasks for the employer with
exposure to cadmium for an aggregated total of more than
twelve months.
(ii) To determine an employee's fitness for using a
respirator, the employer shall provide the limited medical
examination specified in (f) of this subsection.
(iii) The employer shall assure that all medical
examinations and procedures required by this section are
performed by or under the supervision of a licensed physician,
who has read and is familiar with the health effects WAC 296-62-07441, Appendix A, the regulatory text of this section,
the protocol for sample handling and lab selection in WAC 296-62-07451, Appendix F, and the questionnaire of WAC 296-62-07447, Appendix D.
(iv) The employer shall provide the medical surveillance
required by this section, including multiple physician review
under (m) of this subsection without cost to employees, and at
a time and place that is reasonable and convenient to
employees.
(v) The employer shall assure that the collecting and
handling of biological samples of cadmium in urine (CdU),
cadmium in blood (CdB), and beta-2 microglobulin in urine
(B2-M) taken from employees under this section is done in a
manner that assures their reliability and that analysis of
biological samples of cadmium in urine (CdU), cadmium in blood
(CdB), and beta-2 microglobulin in urine (B2-M) taken from
employees under this section is performed in laboratories with
demonstrated proficiency to perform the particular analysis. (See WAC 296-62-07451, Appendix F.)
(b) Initial examination.
(i) For employees covered by medical surveillance under
(a)(i) of this subsection, the employer shall provide an
initial medical examination. The examination shall be
provided to those employees within thirty days after initial
assignment to a job with exposure to cadmium or no later than
ninety days after the effective date of this section,
whichever date is later.
(ii) The initial medical examination shall include:
(A) A detailed medical and work history, with emphasis
on: Past, present, and anticipated future exposure to
cadmium; any history of renal, cardiovascular, respiratory,
hematopoietic, reproductive, and/or musculo-skeletal system
dysfunction; current usage of medication with potential
nephrotoxic side-effects; and smoking history and current
status; and
(B) Biological monitoring that includes the following
tests:
(I) Cadmium in urine (CdU), standardized to grams of
creatinine (g/Cr);
(II) Beta-2 microglobulin in urine (B2-M), standardized to
grams of creatinine (g/Cr), with pH specified, as described in
WAC 296-62-07451, Appendix F; and
(III) Cadmium in blood (CdB), standardized to liters of
whole blood (lwb).
(iii) Recent examination: An initial examination is not
required to be provided if adequate records show that the
employee has been examined in accordance with the requirements
of (b)(ii) of this subsection within the past twelve months. In that case, such records shall be maintained as part of the
employee's medical record and the prior exam shall be treated
as if it were an initial examination for the purposes of (c)
and (d) of this subsection.
(c) Actions triggered by initial biological monitoring.
(i) If the results of the biological monitoring tests in
the initial examination show the employee's CdU level to be at
or below 3 µg/g Cr, B2-M level to be at or below 300 µg/g Cr
and CdB level to be at or below 5 µg/lwb, then:
(A) For employees who are subject to medical surveillance
under (a)(i)(A) of this subsection because of current or
anticipated exposure to cadmium, the employer shall provide
the minimum level of periodic medical surveillance in
accordance with the requirements in (d)(i) of this subsection;
and
(B) For employees who are subject to medical surveillance
under (a)(i)(B) of this subsection because of prior but not
current exposure, the employer shall provide biological
monitoring for CdU, B2-M, and CdB one year after the initial
biological monitoring and then the employer shall comply with
the requirements of (d)(vi) of this subsection.
(ii) For all employees who are subject to medical
surveillance under (a)(i) of this subsection, if the results
of the initial biological monitoring tests show the level of
CdU to exceed 3 µg/g Cr, the level of B2-M to be in excess of
300 µg/g Cr, or the level of CdB to be in excess of 5 µg/lwb,
the employer shall:
(A) Within two weeks after receipt of biological
monitoring results, reassess the employee's occupational
exposure to cadmium as follows:
(I) Reassess the employee's work practices and personal
hygiene;
(II) Reevaluate the employee's respirator use, if any,
and the respirator program;
(III) Review the hygiene facilities;
(IV) Reevaluate the maintenance and effectiveness of the
relevant engineering controls;
(V) Assess the employee's smoking history and status;
(B) Within thirty days after the exposure reassessment,
specified in (c)(ii)(A) of this subsection, take reasonable
steps to correct any deficiencies found in the reassessment
that may be responsible for the employee's excess exposure to
cadmium; and
(C) Within ninety days after receipt of biological
monitoring results, provide a full medical examination to the
employee in accordance with the requirements of (d)(ii) of
this subsection. After completing the medical examination, the
examining physician shall determine in a written medical
opinion whether to medically remove the employee. If the
physician determines that medical removal is not necessary,
then until the employee's CdU level falls to or below 3 µg/g
Cr, B2-M level falls to or below 300 µg/g Cr and CdB level
falls to or below 5 µg/lwb, the employer shall:
(I) Provide biological monitoring in accordance with
(b)(ii)(B) of this subsection on a semiannual basis; and
(II) Provide annual medical examinations in accordance
with (d)(ii) of this subsection.
(iii) For all employees who are subject to medical
surveillance under (a)(i) of this subsection, if the results
of the initial biological monitoring tests show the level of
CdU to be in excess of 15 µg/g Cr, or the level of CdB to be
in excess of 15 µg/lwb, or the level of B2-M to be in excess of
1,500 µg/g Cr, the employer shall comply with the requirements
of (c)(ii)(A) and (B) of this subsection. Within ninety days
after receipt of biological monitoring results, the employer
shall provide a full medical examination to the employee in
accordance with the requirements of (d)(ii) of this
subsection. After completing the medical examination, the
examining physician shall determine in a written medical
opinion whether to medically remove the employee. However, if
the initial biological monitoring results and the biological
monitoring results obtained during the medical examination
both show that: CdU exceeds 15 µg/g Cr; or CdB exceeds 15
µg/lwb; or B2-M exceeds 1500 µ/g Cr, and in addition CdU
exceeds 3 µg/g Cr or CdB exceeds 5 µg/liter of whole blood,
then the physician shall medically remove the employee from
exposure to cadmium at or above the action level. If the
second set of biological monitoring results obtained during
the medical examination does not show that a mandatory removal
trigger level has been exceeded, then the employee is not
required to be removed by the mandatory provisions of this
section. If the employee is not required to be removed by the
mandatory provisions of this section or by the physician's
determination, then until the employee's CdU level falls to or
below 3 µg/g Cr, B2-M level falls to or below 300 µg/g Cr and
CdB level falls to or below 5 µg/lwb, the employer shall:
(A) Periodically reassess the employee's occupational
exposure to cadmium;
(B) Provide biological monitoring in accordance with
(b)(ii)(B) of this subsection on a quarterly basis; and
(C) Provide semiannual medical examinations in accordance
with (d)(ii) of this subsection.
(iv) For all employees to whom medical surveillance is
provided, beginning on January 1, 1999, and in lieu of
(c)(iii) of this subsection, whenever the results of initial
biological monitoring tests show the employee's CdU level to
be in excess of 7 µg/g Cr, or B2-M level to be in excess of 750
µg/g Cr, or CdB level to be in excess of 10 µg/lwb, the
employer shall comply with the requirements of (c)(ii)(A) and
(B) of this subsection. Within ninety days after receipt of
biological monitoring results, the employer shall provide a
full medical examination to the employee in accordance with
the requirements of (d)(ii) of this subsection. After
completing the medical examination, the examining physician
shall determine in a written medical opinion whether to
medically remove the employee. However, if the initial
biological monitoring results and the biological monitoring
results obtained during the medical examination both show
that: CdU exceeds 7 µg/g Cr; or CdB exceeds 10 µg/lwb; or B2-M
exceeds 750 µg/g Cr, and in addition CdU exceeds 3 µg/g Cr or
CdB exceeds 5 µg/liter of whole blood, then the physician
shall medically remove the employee from exposure to cadmium
at or above the action level. If the second set of biological
monitoring results obtained during the medical examination
does not show that a mandatory removal trigger level has been
exceeded, then the employee is not required to be removed by
the mandatory provisions of this section. If the employee is
not required to be removed by the mandatory provisions of this
section or by the physician's determination, then until the
employee's CdU level falls to or below 3 µg/g Cr, B2-M level
falls to or below 300 µg/g Cr and CdB level falls to or below
5 µg/lwb, the employer shall:
(A) Periodically reassess the employee's occupational
exposure to cadmium;
(B) Provide biological monitoring in accordance with
(b)(ii)(B) of this subsection on a quarterly basis; and
(C) Provide semiannual medical examinations in accordance
with (d)(ii) of this subsection.
(d) Periodic medical surveillance.
(i) For each employee who is covered by medical
surveillance under (a)(i)(A) of this subsection because of
current or anticipated exposure to cadmium, the employer shall
provide at least the minimum level of periodic medical
surveillance, which consists of periodic medical examinations
and periodic biological monitoring. A periodic medical
examination shall be provided within one year after the
initial examination required by (b) of this subsection and
thereafter at least biennially. Biological sampling shall be
provided at least annually either as part of a periodic
medical examination or separately as periodic biological
monitoring.
(ii) The periodic medical examination shall include:
(A) A detailed medical and work history, or update
thereof, with emphasis on: Past, present, and anticipated
future exposure to cadmium; smoking history and current
status; reproductive history; current use of medications with
potential nephrotoxic side-effects; any history of renal,
cardiovascular, respiratory, hematopoietic, and/or
musculo-skeletal system dysfunction; and as part of the
medical and work history, for employees who wear respirators,
questions 3 through 11 and 25 through 32 in WAC 296-62-07447,
Appendix D;
(B) A complete physical examination with emphasis on:
Blood pressure, the respiratory system, and the urinary
system;
(C) A 14 inch by 17 inch, or a reasonably standard sized
posterior-anterior chest X ray (after the initial X ray, the
frequency of chest X rays is to be determined by the examining
physician);
(D) Pulmonary function tests, including forced vital
capacity (FVC) and forced expiratory volume at 1 second
(FEV1);
(E) Biological monitoring, as required in (b)(ii)(B) of
this subsection;
(F) Blood analysis, in addition to the analysis required
under (b)(ii)(B) of this subsection, including blood urea
nitrogen, complete blood count, and serum creatinine;
(G) Urinalysis, in addition to the analysis required
under (b)(ii)(B) of this subsection, including the
determination of albumin, glucose, and total and low molecular
weight proteins;
(H) For males over forty years old, prostate palpation,
or other at least as effective diagnostic test(s); and
(I) Any additional tests or procedures deemed appropriate
by the examining physician.
(iii) Periodic biological monitoring shall be provided in
accordance with (b)(ii)(B) of this subsection.
(iv) If the results of periodic biological monitoring or
the results of biological monitoring performed as part of the
periodic medical examination show the level of the employee's
CdU, B2-M, or CdB to be in excess of the levels specified in
(c)(ii) and (iii) of this subsection; or, beginning on January
1, 1999, in excess of the levels specified in (c)(ii) or (iv)
of this subsection, the employer shall take the appropriate
actions specified in (c)(ii) through (iv) of this subsection,
respectively.
(v) For previously exposed employees under (a)(i)(B) of
this subsection:
(A) If the employee's levels of CdU did not exceed 3 µg/g
Cr, CdB did not exceed 5 µg/lwb, and B2-M did not exceed 300
µg/g Cr in the initial biological monitoring tests, and if the
results of the follow-up biological monitoring required by
(c)(i)(B) of this subsection one year after the initial
examination confirm the previous results, the employer may
discontinue all periodic medical surveillance for that
employee.
(B) If the initial biological monitoring results for CdU,
CdB, or B2-M were in excess of the levels specified in (c)(i)
of this subsection, but subsequent biological monitoring
results required by (c)(ii) through (iv) of this subsection
show that the employee's CdU levels no longer exceed 3 µg/g
Cr, CdB levels no longer exceed 5 µg/lwb, and B2-M levels no
longer exceed 300 µg/g Cr, the employer shall provide
biological monitoring for CdU, CdB, and B2-M one year after
these most recent biological monitoring results. If the
results of the follow-up biological monitoring specified in
this section, confirm the previous results, the employer may
discontinue all periodic medical surveillance for that
employee.
(C) However, if the results of the follow-up tests
specified in (d)(v)(A) or (B) of this subsection indicate that
the level of the employee's CdU, B2-M, or CdB exceeds these
same levels, the employer is required to provide annual
medical examinations in accordance with the provisions of
(d)(ii) of this subsection until the results of biological
monitoring are consistently below these levels or the
examining physician determines in a written medical opinion
that further medical surveillance is not required to protect
the employee's health.
(vi) A routine, biennial medical examination is not
required to be provided in accordance with (c)(i) and (d) of
this subsection if adequate medical records show that the
employee has been examined in accordance with the requirements
of (d)(ii) of this subsection within the past twelve months. In that case, such records shall be maintained by the employer
as part of the employee's medical record, and the next
routine, periodic medical examination shall be made available
to the employee within two years of the previous examination.
(e) Actions triggered by medical examinations. If the
results of a medical examination carried out in accordance
with this section indicate any laboratory or clinical finding
consistent with cadmium toxicity that does not require
employer action under (b), (c), or (d) of this subsection, the
employer shall take the following steps and continue to take
them until the physician determines that they are no longer
necessary.
(i) Periodically reassess: The employee's work practices
and personal hygiene; the employee's respirator use, if any;
the employee's smoking history and status; the respiratory
protection program; the hygiene facilities; the maintenance
and effectiveness of the relevant engineering controls; and
take all reasonable steps to correct the deficiencies found in
the reassessment that may be responsible for the employee's
excess exposure to cadmium.
(ii) Provide semiannual medical reexaminations to
evaluate the abnormal clinical sign(s) of cadmium toxicity
until the results are normal or the employee is medically
removed; and
(iii) Where the results of tests for total proteins in
urine are abnormal, provide a more detailed medical evaluation
of the toxic effects of cadmium on the employee's renal
system.
(f) Examination for respirator use.
(i) To determine an employee's fitness for respirator
use, the employer shall provide a medical examination that
includes the elements specified in (f)(i)(A) through (D) of
this subsection. This examination shall be provided prior to
the employee's being assigned to a job that requires the use
of a respirator or no later than ninety days after this
section goes into effect, whichever date is later, to any
employee without a medical examination within the preceding
twelve months that satisfies the requirements of this section.
(A) A detailed medical and work history, or update
thereof, with emphasis on: Past exposure to cadmium; smoking
history and current status; any history of renal,
cardiovascular, respiratory, hematopoietic, and/or
musculo-skeletal system dysfunction; a description of the job
for which the respirator is required; and questions 3 through
11 and 25 through 32 in WAC 296-62-07447, Appendix D;
(B) A blood pressure test;
(C) Biological monitoring of the employee's levels of
CdU, CdB and B2-M in accordance with the requirements of
(b)(ii)(B) of this subsection, unless such results already
have been obtained within the twelve months; and
(D) Any other test or procedure that the examining
physician deems appropriate.
(ii) After reviewing all the information obtained from
the medical examination required in (f)(i) of this subsection,
the physician shall determine whether the employee is fit to
wear a respirator.
(iii) Whenever an employee has exhibited difficulty in
breathing during a respirator fit test or during use of a
respirator, the employer, as soon as possible, shall provide
the employee with a periodic medical examination in accordance
with (d)(ii) of this subsection to determine the employee's
fitness to wear a respirator.
(iv) Where the results of the examination required under
(f)(i), (ii), or (iii) of this subsection are abnormal,
medical limitation or prohibition of respirator use shall be
considered. If the employee is allowed to wear a respirator,
the employee's ability to continue to do so shall be
periodically evaluated by a physician.
(g) Emergency examinations.
(i) In addition to the medical surveillance required in
(b) through (f) of this subsection, the employer shall provide
a medical examination as soon as possible to any employee who
may have been acutely exposed to cadmium because of an
emergency.
(ii) The examination shall include the requirements of
(d)(ii), of this subsection, with emphasis on the respiratory
system, other organ systems considered appropriate by the
examining physician, and symptoms of acute overexposure, as
identified in Appendix A, WAC 296-62-07441 (2)(b)(i) and (ii)
and (4).
(h) Termination of employment examination.
(i) At termination of employment, the employer shall
provide a medical examination in accordance with (d)(ii) of
this subsection, including a chest X ray where necessary, to
any employee to whom at any prior time the employer was
required to provide medical surveillance under (a)(i) or (g)
of this subsection. However, if the last examination
satisfied the requirements of (d)(ii) of this subsection and
was less than six months prior to the date of termination, no
further examination is required unless otherwise specified in
(c) or (e) of this subsection;
(ii) In addition, if the employer has discontinued all
periodic medical surveillance under (d)(v) of this subsection,
no termination of employment medical examination is required.
(i) Information provided to the physician. The employer
shall provide the following information to the examining
physician:
(i) A copy of this standard and appendices;
(ii) A description of the affected employee's former,
current, and anticipated duties as they relate to the
employee's occupational exposure to cadmium;
(iii) The employee's former, current, and anticipated
future levels of occupational exposure to cadmium;
(iv) A description of any personal protective equipment,
including respirators, used or to be used by the employee,
including when and for how long the employee has used that
equipment; and
(v) Relevant results of previous biological monitoring
and medical examinations.
(j) Physician's written medical opinion.
(i) The employer shall promptly obtain a written, signed,
medical opinion from the examining physician for each medical
examination performed on each employee. This written opinion
shall contain:
(A) The physician's diagnosis for the employee;
(B) The physician's opinion as to whether the employee
has any detected medical condition(s) that would place the
employee at increased risk of material impairment to health
from further exposure to cadmium, including any indications of
potential cadmium toxicity;
(C) The results of any biological or other testing or
related evaluations that directly assess the employee's
absorption of cadmium;
(D) Any recommended removal from, or limitation on the
activities or duties of the employee or on the employee's use
of personal protective equipment, such as respirators;
(E) A statement that the physician has clearly and
carefully explained to the employee the results of the medical
examination, including all biological monitoring results and
any medical conditions related to cadmium exposure that
require further evaluation or treatment, and any limitation on
the employee's diet or use of medications.
(ii) The employer shall promptly obtain a copy of the
results of any biological monitoring provided by an employer
to an employee independently of a medical examination under
(b) and (d) of this subsection, and, in lieu of a written
medical opinion, an explanation sheet explaining those
results.
(iii) The employer shall instruct the physician not to
reveal orally or in the written medical opinion given to the
employer specific findings or diagnoses unrelated to
occupational exposure to cadmium.
(k) Medical removal protection (MRP).
(i) General.
(A) The employer shall temporarily remove an employee
from work where there is excess exposure to cadmium on each
occasion that medical removal is required under (c), (d), or
(f) of this subsection and on each occasion that a physician
determines in a written medical opinion that the employee
should be removed from such exposure. The physician's
determination may be based on biological monitoring results,
inability to wear a respirator, evidence of illness, other
signs or symptoms of cadmium-related dysfunction or disease,
or any other reason deemed medically sufficient by the
physician.
(B) The employer shall medically remove an employee in
accordance with (k) of this subsection regardless of whether
at the time of removal a job is available into which the
removed employee may be transferred.
(C) Whenever an employee is medically removed under (k)
of this subsection, the employer shall transfer the removed
employee to a job where the exposure to cadmium is within the
permissible levels specified in subsection (12) of this
section as soon as one becomes available.
(D) For any employee who is medically removed under the
provisions of (k)(i) of this subsection, the employer shall
provide follow-up medical examinations semiannually until, in
a written medical opinion, the examining physician determines
that either the employee may be returned to his/her former job
status or the employee must be permanently removed from excess
cadmium exposure.
(E) The employer may not return an employee who has been
medically removed for any reason to his/her former job status
until a physician determines in a written medical opinion that
continued medical removal is no longer necessary to protect
the employee's health.
(ii) Where an employee is found unfit to wear a
respirator under (f)(ii) of this subsection, the employer
shall remove the employee from work where exposure to cadmium
is above the PEL.
(iii) Where removal is based upon any reason other than
the employee's inability to wear a respirator, the employer
shall remove the employee from work where exposure to cadmium
is at or above the action level.
(iv) Except as specified in (k)(v) of this subsection, no
employee who was removed because his/her level of CdU, CdB
and/or B2-M exceeded the trigger levels in (c) or (d) of this
subsection may be returned to work with exposure to cadmium at
or above the action level until the employee's levels of CdU
fall to or below 3 µg/g Cr, CdB fall to or below 5 µg/lwb, and
B2-M fall to or below 300 µg/g Cr.
(v) However, when in the examining physician's opinion
continued exposure to cadmium will not pose an increased risk
to the employee's health and there are special circumstances
that make continued medical removal an inappropriate remedy,
the physician shall fully discuss these matters with the
employee, and then in a written determination may return a
worker to his/her former job status despite what would
otherwise be unacceptably high biological monitoring results. Thereafter and until such time as the employee's biological
monitoring results have decreased to levels where he/she could
have been returned to his/her former job status, the returned
employee shall continue medical surveillance as if he/she were
still on medical removal. Until such time, the employee is no
longer subject to mandatory medical removal. Subsequent
questions regarding the employee's medical removal shall be
decided solely by a final medical determination.
(vi) Where an employer, although not required by this
section to do so, removes an employee from exposure to cadmium
or otherwise places limitations on an employee due to the
effects of cadmium exposure on the employee's medical
condition, the employer shall provide the same medical removal
protection benefits to that employee under (l) of this
subsection as would have been provided had the removal been
required under (k) of this subsection.
(l) Medical removal protection benefits.
(i) The employer shall provide medical removal protection
benefits to an employee for up to a maximum of eighteen months
each time, and while the employee is temporarily medically
removed under (k) of this subsection.
(ii) For purposes of this section, the requirement that
the employer provide medical removal protection benefits means
that the employer shall maintain the total normal earnings,
seniority, and all other employee rights and benefits of the
removed employee, including the employee's right to his/her
former job status, as if the employee had not been removed
from the employee's job or otherwise medically limited.
(iii) Where, after eighteen months on medical removal
because of elevated biological monitoring results, the
employee's monitoring results have not declined to a low
enough level to permit the employee to be returned to his/her
former job status:
(A) The employer shall make available to the employee a
medical examination pursuant to this section in order to
obtain a final medical determination as to whether the
employee may be returned to his/her former job status or must
be permanently removed from excess cadmium exposure; and
(B) The employer shall assure that the final medical
determination indicates whether the employee may be returned
to his/her former job status and what steps, if any, should be
taken to protect the employee's health.
(iv) The employer may condition the provision of medical
removal protection benefits upon the employee's participation
in medical surveillance provided in accordance with this
section.
(m) Multiple physician review.
(i) If the employer selects the initial physician to
conduct any medical examination or consultation provided to an
employee under this section, the employee may designate a
second physician to:
(A) Review any findings, determinations, or
recommendations of the initial physician; and
(B) Conduct such examinations, consultations, and
laboratory tests as the second physician deems necessary to
facilitate this review.
(ii) The employer shall promptly notify an employee of
the right to seek a second medical opinion after each occasion
that an initial physician provided by the employer conducts a
medical examination or consultation pursuant to this section. The employer may condition its participation in, and payment
for, multiple physician review upon the employee doing the
following within fifteen days after receipt of this notice, or
receipt of the initial physician's written opinion, whichever
is later:
(A) Informing the employer that he or she intends to seek
a medical opinion; and
(B) Initiating steps to make an appointment with a second
physician.
(iii) If the findings, determinations, or recommendations
of the second physician differ from those of the initial
physician, then the employer and the employee shall assure
that efforts are made for the two physicians to resolve any
disagreement.
(iv) If the two physicians have been unable to quickly
resolve their disagreement, then the employer and the
employee, through their respective physicians, shall designate
a third physician to:
(A) Review any findings, determinations, or
recommendations of the other two physicians; and
(B) Conduct such examinations, consultations, laboratory
tests, and discussions with the other two physicians as the
third physician deems necessary to resolve the disagreement
among them.
(v) The employer shall act consistently with the
findings, determinations, and recommendations of the third
physician, unless the employer and the employee reach an
agreement that is consistent with the recommendations of at
least one of the other two physicians.
(n) Alternate physician determination. The employer and
an employee or designated employee representative may agree
upon the use of any alternate form of physician determination
in lieu of the multiple physician review provided by (m) of
this subsection, so long as the alternative is expeditious and
at least as protective of the employee.
(o) Information the employer must provide the employee.
(i) The employer shall provide a copy of the physician's
written medical opinion to the examined employee within five
working days after receipt thereof.
(ii) The employer shall provide the employee with a copy
of the employee's biological monitoring results and an
explanation sheet explaining the results within five working
days after receipt thereof.
(iii) Within thirty days after a request by an employee,
the employer shall provide the employee with the information
the employer is required to provide the examining physician
under (i) of this subsection.
(p) Reporting. In addition to other medical events that
are required to be reported on the OSHA Form No. 200, the
employer shall report any abnormal condition or disorder
caused by occupational exposure to cadmium associated with
employment as specified in Chapter (V)(E) of the Bureau of
Labor Statistics Recordkeeping Guidelines for Occupational
Injuries and Illnesses.
(13) Communication of cadmium hazards to employees
(a) General. In communications concerning cadmium
hazards, employers shall comply with the requirements of
WISHA's Hazard Communication Standard, chapter 296-62 WAC,
Part C, including but not limited to the requirements
concerning warning signs and labels, material safety data
sheets (MSDS), and employee information and training. In
addition, employers shall comply with the following
requirements:
(b) Warning signs.
(i) Warning signs shall be provided and displayed in
regulated areas. In addition, warning signs shall be posted
at all approaches to regulated areas so that an employee may
read the signs and take necessary protective steps before
entering the area.
(ii) Warning signs required by (b)(i) of this subsection
shall bear the following information:
Danger, Cadmium, Cancer Hazard,
Can Cause Lung and Kidney Disease,
Authorized Personnel Only,
Respirators Required in This Area
(iii) The employer shall assure that signs required by
this section are illuminated, cleaned, and maintained as
necessary so that the legend is readily visible.
(c) Warning labels.
(i) Shipping and storage containers containing cadmium,
cadmium compounds, or cadmium contaminated clothing,
equipment, waste, scrap, or debris shall bear appropriate
warning labels, as specified in (c)(ii) of this subsection.
(ii) The warning labels shall include at least the
following information:
Danger, Contains Cadmium, Cancer Hazard,
Avoid Creating Dust,
Can Cause Lung and Kidney Disease
(iii) Where feasible, installed cadmium products shall
have a visible label or other indication that cadmium is
present.
(d) Employee information and training.
(i) The employer shall institute a training program for
all employees who are potentially exposed to cadmium, assure
employee participation in the program, and maintain a record
of the contents of such program.
(ii) Training shall be provided prior to or at the time
of initial assignment to a job involving potential exposure to
cadmium and at least annually thereafter.
(iii) The employer shall make the training program
understandable to the employee and shall assure that each
employee is informed of the following:
(A) The health hazards associated with cadmium exposure,
with special attention to the information incorporated in WAC 296-62-07441, Appendix A;
(B) The quantity, location, manner of use, release, and
storage of cadmium in the workplace and the specific nature of
operations that could result in exposure to cadmium,
especially exposures above the PEL;
(C) The engineering controls and work practices
associated with the employee's job assignment;
(D) The measures employees can take to protect themselves
from exposure to cadmium, including modification of such
habits as smoking and personal hygiene, and specific
procedures the employer has implemented to protect employees
from exposure to cadmium such as appropriate work practices,
emergency procedures, and the provision of personal protective
equipment;
(E) The purpose, proper selection, fitting, proper use,
and limitations of respirators and protective clothing;
(F) The purpose and a description of the medical
surveillance program required by subsection (12) of this
section;
(G) The contents of this section and its appendices; and
(H) The employee's rights of access to records under
chapter 296-62 WAC, Part B.
(iv) Additional access to information and training
program and materials.
(A) The employer shall make a copy of this section and
its appendices readily available to all affected employees and
shall provide a copy without cost if requested.
(B) Upon request, the employer shall provide to the
director or authorized representative, all materials relating
to the employee information and the training program.
(e) Multiemployer workplace. In a multiemployer
workplace, an employer who produces, uses, or stores cadmium
in a manner that may expose employees of other employers to
cadmium shall notify those employers of the potential hazard
in accordance with WAC 296-800-170 of the chemical hazard
communication program standard.
(14) Recordkeeping.
(a) Exposure monitoring.
(i) The employer shall establish and keep an accurate
record of all air monitoring for cadmium in the workplace.
(ii) This record shall include at least the following
information:
(A) The monitoring date, shift, duration, air volume, and
results in terms of an eight-hour TWA of each sample taken,
and if cadmium is not detected, the detection level;
(B) The name, Social Security number, and job
classification of all employees monitored and of all other
employees whose exposures the monitoring result is intended to
represent, including, where applicable, a description of how
it was determined that the employee's monitoring result could
be taken to represent other employee's exposures;
(C) A description of the sampling and analytical methods
used and evidence of their accuracy;
(D) The type of respiratory protective device, if any,
worn by the monitored employee and by any other employee whose
exposure the monitoring result is intended to represent;
(E) A notation of any other conditions that might have
affected the monitoring results;
(F) Any exposure monitoring or objective data that were
used and the levels.
(iii) The employer shall maintain this record for at
least thirty years, in accordance with chapter 296-802 WAC.
(iv) The employer shall also provide a copy of the
results of an employee's air monitoring prescribed in
subsection (4) of this section to an industry trade
association and to the employee's union, if any, or, if either
of such associations or unions do not exist, to another
comparable organization that is competent to maintain such
records and is reasonably accessible to employers and
employees in the industry.
(b) Objective data for exemption from requirement for
initial monitoring.
(i) For purposes of this section, objective data are
information demonstrating that a particular product or
material containing cadmium or a specific process, operation,
or activity involving cadmium cannot release dust or fumes in
concentrations at or above the action level even under the
worst-case release conditions. Objective data can be obtained
from an industry-wide study or from laboratory product test
results from manufacturers of cadmium-containing products or
materials. The data the employer uses from an industry-wide
survey must be obtained under workplace conditions closely
resembling the processes, types of material, control methods,
work practices, and environmental conditions in the employer's
current operations.
(ii) The employer shall maintain the record for at least
30 years of the objective data relied upon.
(c) Medical surveillance.
(i) The employer shall establish and maintain an accurate
record for each employee covered by medical surveillance under
(a)(i) of this subsection.
(ii) The record shall include at least the following
information about the employee:
(A) Name, Social Security number, and description of
duties;
(B) A copy of the physician's written opinions and of the
explanation sheets for biological monitoring results;
(C) A copy of the medical history, and the results of any
physical examination and all test results that are required to
be provided by this section, including biological tests, X
rays, pulmonary function tests, etc., or that have been
obtained to further evaluate any condition that might be
related to cadmium exposure;
(D) The employee's medical symptoms that might be related
to exposure to cadmium; and
(E) A copy of the information provided to the physician
as required by subsection (12)(i) of this section.
(iii) The employer shall assure that this record is
maintained for the duration of employment plus thirty years,
in accordance with chapter 296-802 WAC.
(iv) At the employee's request, the employer shall
promptly provide a copy of the employee's medical record, or
update as appropriate, to a medical doctor or a union
specified by the employee.
(d) Training. The employer shall certify that employees
have been trained by preparing a certification record which
includes the identity of the person trained, the signature of
the employer or the person who conducted the training, and the
date the training was completed. The certification records
shall be prepared at the completion of training and shall be
maintained on file for one year beyond the date of training of
that employee.
(e) Availability.
(i) Except as otherwise provided for in this section,
access to all records required to be maintained by (a) through
(d) of this subsection shall be in accordance with the
provisions of chapter 296-802 WAC.
(ii) Within fifteen days after a request, the employer
shall make an employee's medical records required to be kept
by (c) of this subsection available for examination and
copying to the subject employee, to designated
representatives, to anyone having the specific written consent
of the subject employee, and after the employee's death or
incapacitation, to the employee's family members.
(f) Transfer of records. Whenever an employer ceases to
do business and there is no successor employer or designated
organization to receive and retain records for the prescribed
period, the employer shall comply with the requirements
concerning transfer of records set forth in chapter 296-802
WAC.
(15) 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
cadmium.
(b) Observation procedures. When observation of
monitoring requires entry into an area where the use of
protective clothing or equipment is required, the employer
shall provide the observer with that clothing and equipment
and shall assure that the observer uses such clothing and
equipment and complies with all other applicable safety and
health procedures.
(16) Appendices.
(a) Compliance with the fit testing requirements in WAC 296-842-15005 are mandatory.
(b) Except where portions of WAC 296-62-07441,
296-62-07443, 296-62-07447, 296-62-07449, and 296-62-07451,
Appendices A, B, D, E, and F, respectively, to this section
are expressly incorporated in requirements of this section,
these appendices are purely informational and are not intended
to create any additional obligations not otherwise imposed or
to detract from any existing obligations.
[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050,
49.17.060. 09-15-145, § 296-155-174, filed 7/21/09, effective
9/1/09; 07-05-072, § 296-155-174, filed 2/20/07, effective
4/1/07; 05-03-093, § 296-155-174, filed 1/18/05, effective
3/1/05; 04-10-026, § 296-155-174, filed 4/27/04, effective
8/1/04. Statutory Authority: RCW 49.17.010, [49.17].040, and[49.17].050
. 01-11-038, § 296-155-174, filed 5/9/01,
effective 9/1/01; 99-10-071, § 296-155-174, filed 5/4/99,
effective 9/1/99. Statutory Authority: Chapter 49.17 RCW. 94-15-096 (Order 94-07), § 296-155-174, filed 7/20/94,
effective 9/20/94; 93-21-075 (Order 93-06), § 296-155-174,
filed 10/20/93, effective 12/1/93; 93-07-044 (Order 93-01), §
296-155-174, filed 3/13/93, effective 4/27/93.]