Cal. Code Regs. tit. 8 § 5208

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 5208 - Asbestos

(a) Scope and application --

(1) This section applies to all occupational exposures to asbestos in all industries covered by the California Occupational Safety and Health Act, except as provided in subsection (a)(2) and (3) of this section.

(2) This section does not apply to construction work as defined in Section 1502, except for the spraying of asbestos containing material in subsection 5208(f)(1)(J). (Exposure to asbestos in construction work other than spraying is covered by Section 1529).

(3) This section does not apply to ship repairing, shipbuilding and shipbreaking employments and related employments as defined in Section 8354: Definitions. (Exposure to asbestos in these employments is covered by Section 8358).

(4) Whenever employee exposure to asbestos as defined in subsection (b) of this section consists only of exposure to tremolite, anthophyllite, and actinolite in the non-asbestiform mineral habit, the provisions of section 5208.1 shall apply and supersede the provisions of this section.

(5) The provisions of this section are subject to the requirements of the Occupational Carcinogen Control Act of 1976 (Labor Code, Division 5, Part 10).

(b) Definitions --

"Asbestos" includes chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos, and any of these minerals that have been chemically treated and/or altered.

"Asbestos-containing material (ACM)" means any material containing more than 1% asbestos.

"Chief" means the Chief of the Division of Occupational Safety and Health, California Department of Industrial Relations.

"Authorized person" means any person authorized by the employer and required by work duties to be present in regulated areas.

"Building/facility owner" is the legal entity, including a lessee, which exercises control over management and record keeping functions relating to a building and/or facility in which activities covered by this standard take place.

"Certified Industrial Hygienist (CIH)" means one certified in the practice of industrial hygiene by the American Board of Industrial Hygiene.

"Director" means the Director of the National Institute for Occupational Safety and Health, U.S. Department of Health and Human Services, or designee.

"Employee exposure" means that exposure to airborne asbestos that would occur if the employee were not using respiratory protective equipment.

"Fiber" means a particulate form of asbestos 5 micrometers or longer, with a length-to-diameter ratio of at least 3 to 1.

"High-efficiency particulate air (HEPA) filter" means a filter capable of trapping and retaining at least 99.97 percent of 0.3 micrometer diameter monodisperse particles.

"Homogeneous area" means an area of surfacing material or thermal system insulation that is uniform in color and texture.

"Incident" means any unanticipated event which causes, or is immediately likely to cause, an exposure of an employee, unprotected by an appropriate respirator, to asbestos fibers in excess of the permissible exposure limit.

"Industrial hygienist" means a professional qualified by education, training, and experience to anticipate, recognize, evaluate and develop controls for occupational health hazards.

"PACM" means "presumed asbestos containing material".

"Presumed Asbestos Containing Material" means thermal system insulation and surfacing material found in buildings constructed no later than 1980. The designation of a material as "PACM" may be rebutted pursuant to subsection (j)(8) of this section.

"Regulated area" means an area established by the employer to demarcate areas where airborne concentrations of asbestos exceed, or there is a reasonable possibility they may exceed, the permissible exposure limits.

"Surfacing ACM" means surfacing material which contains more than 1% asbestos.

"Surfacing materials" means material that is sprayed, troweled-on or otherwise applied to surfaces (such as acoustical plaster on ceilings and fireproofing materials on structural members, or other materials on surfaces for acoustical, fireproofing, and other purposes).

"Thermal System Insulation (TSI)" means ACM applied to pipes, fittings, boilers, breeching, tanks, ducts or other structural components to prevent heat loss or gain.

"Thermal System Insulation ACM" means thermal system insulation which contains more than 1% asbestos.

(c) Permissible exposure limit (PELS) --

(1) Time-weighted average limit (TWA): The employer shall ensure that no employee is exposed to an airborne concentration of asbestos in excess of 0.1 fiber per cubic centimeter (0.1 f/cc) of air as an eight (8)-hour time-weighted average (TWA) as determined by the method prescribed in Appendix A to this section, or by an equivalent method.

(2) Excursion limit: The employer shall ensure that no employee is exposed to an airborne concentration of asbestos in excess of 1.0 fiber per cubic centimeter of air (1 f/cc) as averaged over a sampling period of thirty (30) minutes as determined by the method prescribed in Appendix A to this section, or by an equivalent method.

(d) Exposure monitoring --

(1) General.

(A) Determinations of employee exposure shall be made from breathing zone air samples that are representative of the 8-hour TWA and 30-minute short-term exposures of each employee.

(B) Representative 8-hour TWA employee exposures shall be determined on the basis of one or more samples representing full- shift exposures for each shift for each employee in each job classification in each work area. Representative 30-minute short- term employee exposures shall be determined on the basis of one or more samples representing 30 minute exposures associated with operations that are most likely to produce exposures above the excursion limit for each shift for each job classification in each work area.

(2) Initial monitoring.

(A) Each employer who has a workplace or work operation covered by this standard, except as provided for in subsections (d)(2)(B) and (d)(2)(C) of this section, shall perform initial monitoring of employees who are, or may reasonably be expected to be exposed to airborne concentrations at or above the TWA permissible exposure limit and/or excursion limit.

(B) Where the employer has monitored after March 31, 1992, for the TWA permissible exposure limit and/or the excursion limit, and the monitoring satisfies all other requirements of this section, the employer may rely on such earlier monitoring results to satisfy the requirements of subsection (d)(2)(A) of this section.

(C) Where the employer has relied upon objective data that demonstrate that asbestos is not capable of being released in airborne concentrations at or above the TWA permissible exposure limit and/or excursion limit under the expected conditions of processing, use, or handling, then no initial monitoring is required.

(3) Monitoring frequency (periodic monitoring) and patterns: After the initial determinations required by subsection (d)(2)(A) of this section, samples shall be of such frequency and pattern as to represent with reasonable accuracy the levels of exposure of the employees. In no case shall sampling be at intervals greater than six months for employees whose exposures may reasonably be foreseen to exceed the TWA permissible exposure limit and/or excursion limit.

(4) Changes in monitoring frequency: If either the initial or the periodic monitoring required by subsection (d)(2) and (d)(3) of this section statistically indicates that employee exposures are below the TWA permissible exposure limit and/or excursion limit, the employer may discontinue the monitoring for those employees whose exposures are represented by such monitoring.

(5) Additional monitoring: Notwithstanding the provisions of subsections (d)(2)(B) and (d)(4) of this section, the employer shall institute the exposure monitoring required under subsections (d)(2)(A) and (d)(3) of this section whenever there has been a change in the production, process, control equipment, personnel or work practices that may result in new or additional exposures above the TWA permissible exposure limit and/or excursion limit or when the employer has any reason to suspect that a change may result in new or additional exposures above the PEL and/or excursion limit.

(6) Method of monitoring.

(A) All samples taken to satisfy the monitoring requirements of subsection (d) of this section shall be personal samples collected following the procedures specified in Appendix A.

(B) All samples taken to satisfy the monitoring requirements of subsection (d) of this section shall be evaluated using the OSHA Reference Method (ORM) specified in Appendix A of this section, or an equivalent counting method.

(C) If an equivalent method to the ORM is used, the employer shall ensure that the method meets the following criteria:

1. Replicate exposure data used to establish equivalency are collected in side-by-side field and laboratory comparisons; and

2. The comparison indicates that 90% of the samples collected in the range 0.5 to 2.0 times the permissible limit have an accuracy range of plus or minus 25 percent of the ORM results at a 95% confidence level as demonstrated by a statistically valid protocol; and

3. The equivalent method is documented and the results of the comparison testing are maintained.

(D) To satisfy the monitoring requirements of subsection (d) of this section, employers must use the results of monitoring analysis performed by laboratories which have instituted quality assurance programs that include the elements as prescribed in Appendix A of this section.

(7) Employee notification of monitoring results.

(A) The employer shall, within 15 working days after the receipt of the results of any monitoring performed under the standard, notify the affected employees of these results in writing either individually or by posting of results in an appropriate location that is accessible to affected employees.

(B) The written notification required by subsection (d)(7)(A) of this section shall contain the corrective action being taken by the employer to reduce employee exposure to or below the TWA and/or excursion limit, wherever monitoring results indicated that the TWA and/or excursion limit had been exceeded.

(e) Regulated Areas--

(1) Establishment: The employer shall establish regulated areas wherever airborne concentrations of asbestos and/or PACM are in excess of the TWA and/or excursion limit prescribed in subsection (c) of this section.

(2) Demarcation: Regulated areas shall be demarcated from the rest of the workplace in any manner that minimizes the number of persons who will be exposed to asbestos.

(3) Access: Access to regulated areas shall be limited to authorized persons or to persons authorized by the Chief or the Director.

(4) Provision of respirators: Each person entering a regulated area shall be supplied with and required to use a respirator, selected in accordance with subsection (g)(2) of this section.

(5) Prohibited activities: The employer shall ensure that employees do not eat, drink, smoke, chew tobacco or gum, or apply cosmetics in the regulated areas.

(f) Methods of compliance--

(1) Engineering controls and work practices.

(A) The employer shall institute engineering controls and practices to reduce and maintain employee exposure to or below the TWA and/or excursion limit prescribed in subsection (c) of this section, except to the extent that such controls are not feasible.

(B) Wherever the feasible engineering controls and work practices that can be instituted are not sufficient to reduce employee exposure to or below the TWA and/or excursion limit prescribed in subsection (c) of this section, the employer shall use them to reduce employee exposure to the lowest levels achievable by these controls and shall supplement them by the use of respiratory protection that complies with the requirements of subsection (g) of this section.

(C) Particular tools: All hand-operated and power-operated tools which would produce or release fibers of asbestos, such as, but not limited to, saws, scorers, abrasive wheels, and drills, shall be provided with local exhaust ventilation systems which comply with subsection (f)(1)(E) of this section.

(D) For the following operations, wherever feasible engineering controls and work practices that can be instituted are not sufficient to reduce the employee exposure to or below the TWA and/or excursion limit prescribed in subsection (c) of this section, the employer shall use them to reduce employee exposure to or below 0.5 fiber per cubic centimeter of air (as an eight-hour time-weighted average) or 2.5 fibers/cc for 30 minutes (short-term exposure) and shall supplement them by the use of any combination of respiratory protection that complies with the requirements of subsection (g) of this section, work practices and feasible engineering controls that will reduce employee exposure to or below the TWA and to or below the excursion limit permissible prescribed in subsection (c) of this section:

Coupling cutoff in primary asbestos cement pipe manufacturing; sanding in primary and secondary asbestos cement sheet manufacturing; grinding in primary and secondary friction product manufacturing; carding and spinning in dry textile processes; and grinding and sanding in primary plastics manufacturing.

(E) Local exhaust ventilation: Local exhaust ventilation and dust collection systems shall be designed, constructed, installed, and maintained in accordance with good practices such as those found in the American National Standard Fundamentals Governing the Design and Operation of Local Exhaust Systems, ANSI Z9.2-1979.

(F) Wet methods: Insofar as practicable, asbestos shall be handled, mixed, applied, removed, cut, scored, or otherwise worked in a wet state sufficient to prevent the emission of airborne fibers so as to expose employees to levels in excess of the TWA and/or excursion limit, prescribed in subsection (c) of this section, unless the usefulness of the product would be diminished thereby.

(G) Particular products and operations: No asbestos cement, mortar, coating, grout, plaster, or similar material containing asbestos, shall be removed from bags, cartons, or other containers in which they are shipped, without being either wetted, or enclosed, or ventilated so as to prevent effectively the release of airborne fibers.

(H) Compressed air: Compressed air shall not be used to remove asbestos or materials containing asbestos unless the compressed air is used in conjunction with a ventilation system which effectively captures the dust cloud created by the compressed air.

(I) Flooring: Sanding of asbestos-containing flooring material is prohibited.

(J) The spraying of any substance containing any amount of asbestos in or upon a building or other structure during its construction, alteration, or repair is prohibited.

EXCEPTIONS:

1. Exterior and interior coating and laminating resins containing encapsulated asbestos fibers bound within the finished product from manufacture through application.

2. Cold process asphalt roof coatings.

3. Substances containing less than one-quarter of one percent asbestos solely as a result of naturally occurring impurities in the substance or its components.

(2) Compliance program.

(A) Where the TWA and/or excursion limit is exceeded, the employer shall establish and implement a written program to reduce employee exposure to or below the TWA and to or below the excursion limit by means of engineering and work practice controls as required by subsection (f)(1) of this section, and by the use of respiratory protection where required or permitted under this section.

(B) Such programs shall be reviewed and updated as necessary to reflect significant changes in the status of the employer's compliance program.

(C) Written programs shall be submitted upon request for examination and copying to the Chief, the Director, affected employees and designated employee representatives.

(D) The employer shall not use employee rotation as a means of compliance with the TWA and/or excursion limit.

(3) Specific compliance methods for brake and clutch repair.

(A) Engineering controls and work practices for brake and clutch repair and service: During automotive brake and clutch inspection, disassembly, repair and assembly operations, the employer shall institute engineering controls and work practices to reduce employee exposure to materials containing asbestos using the negative pressure enclosure/HEPA vacuum system requirements set out in Appendix F to this section. The employer may also comply using an equivalent method which follows written procedures which the employer demonstrates can achieve results equivalent to Method A in Appendix F to this section. For facilities in which no more than 5 pair of brakes or 5 clutches are inspected, disassembled, repaired, or assembled per week, the method set forth in subsection [D] of Appendix F to this section may be used.

(B) The employer may also comply by using an equivalent method which follows written procedures, which the employer demonstrates can achieve equivalent exposure reductions as do the two "preferred methods." Such demonstration must include monitoring data conducted under workplace conditions closely resembling the process, type of asbestos containing materials, control method, work practices and environmental conditions which the equivalent method will be used, or objective data, which document that under all reasonably foreseeable conditions of brake and clutch repair applications, the method results in exposures which are equivalent to the methods set out in Appendix F to this section.

(g) Respiratory protection--

(1) General: For employees who are required to use respirators by this section, the employer must provide respirators that comply with the requirements of this subsection. Respirators must be used during:

(A) Periods necessary to install or implement feasible engineering and work practice controls;

(B) Work operations, such as maintenance and repair activities, or other activities for which engineering and work practice controls are not feasible;

(C) Work operations for which feasible engineering and work practice controls are not yet sufficient to reduce exposure to or below the TWA and/or excursion limit; and

(D) Emergencies.

(2) Respirator program.

(A) The employer must implement a respirator program in accordance with section 5144(b) through (d) (except (d)(1)(C)), and (f) through (m).

(B) The employer must provide a tight-fitting powered, air-purifying respirator instead of any negative pressure respirator selected according to subsection (g)(3) when:

1. An employee chooses to use this type of respirator; and

2. This respirator provides adequate protection to the employee.

(C) No employee must be assigned to tasks requiring the use of respirators if, based on their most recent examination, an examining physician determines that the employee will be unable to function normally using a respirator, or that the safety or health of the employee or other employees will be impaired by the use of a respirator. Such employees must be assigned to another job or given the opportunity to transfer to a different position, the duties of which they can perform. If such a transfer position is available, the position must be with the same employer, in the same geographical area, and with the same seniority, status, and rate of pay the employee had just prior to such transfer.

(3) Respirator selection.

(A) The employer shall select, and provide to employees, the appropriate respirators specified in Section 5144(d)(3)(A)1; however, employers must not select or use filtering facepiece respirators for protection against asbestos fibers.

(B) Employers shall provide HEPA filters for powered and non-powered air-purifying respirators.

(h) Protective work clothing and equipment--

(1) Provision and use: If an employee is exposed to asbestos above the TWA and/or excursion limit, or where the possibility of eye irritation exists, the employer shall provide, at no cost to the employee and ensure that the employee uses, appropriate protective work clothing and equipment such as, but not limited to:

(A) Coveralls or similar full-body work clothing;

(B) Gloves, head coverings, and foot coverings; and

(C) Face shields, vented goggles, or other appropriate protective equipment which complies with Section 3382.

(2) Removal and storage.

(A) The employer shall ensure that employees remove work clothing contaminated with asbestos only in change rooms provided in accordance with subsection (i)(1) of this section.

(B) The employer shall ensure that no employee takes contaminated work clothing out of the change room, except those employees authorized to do so for the purpose of laundering, maintenance, or disposal.

(C) Contaminated work clothing shall be placed and stored in closed containers which prevent dispersion of the asbestos outside the container.

(D) The employer shall ensure that containers of contaminated protective devices or work clothing which are to be taken out of change rooms or the workplace for cleaning, maintenance or disposal, shall bear labels in accordance with subsection (j) of this section.

(3) Cleaning and replacement:

(A) The employer shall clean, launder, repair, or replace protective clothing and equipment required by this subsection to maintain their effectiveness.

(B) The employer shall provide clean protective clothing and equipment at least weekly to each affected employee.

(C) The employer shall prohibit the removal of asbestos from protective clothing and equipment by blowing or shaking.

(D) Laundering of contaminated clothing shall be done so as to prevent the release of airborne fibers of asbestos in excess of the permissible exposure limits prescribed in subsection (c) of this section.

(E) Any employer who gives contaminated clothing to another person for laundering shall inform such person of the requirement in subsection (h)(3)(D) of this section to effectively prevent the release of airborne fibers of asbestos in excess of the permissible exposure limits.

(F) The employer shall inform any person who launders or cleans protective clothing or equipment contaminated with asbestos of the potentially harmful effects of exposure to asbestos.

(G) The employer shall ensure that contaminated clothing shall be transported in sealed impermeable bags, or other closed, impermeable containers, and labeled in accordance with subsection (j) of this section.

(i) Hygiene facilities and practices--

(1) Change rooms.

(A) The employer shall provide clean change rooms for employees who work in areas where their airborne exposure to asbestos is above the TWA and/or excursion limit.

(B) The employer shall ensure that change rooms are in accordance with Section 3367, and are equipped with two separate lockers or storage facilities, so separated as to prevent contamination of the employee's street clothes from his protective work clothing and equipment.

(2) Showers.

(A) The employer shall ensure that employees who work in areas where their airborne exposure is above the TWA and/or excursion limit, shower at the end of the work shift.

(B) The employer shall provide shower facilities which comply with Section 3366(f).

(C) The employer shall ensure that employees who are required to shower pursuant to subsection (i)(2)(A) of this section do not leave the workplace wearing any clothing or equipment worn during the work shift.

(3) Lunchrooms.

(A) The employer shall provide lunchroom facilities for employees who work in areas where their airborne exposure is above the TWA and/or excursion limit.

(B) The employer shall ensure that lunchroom facilities have a positive pressure, filtered air supply, and are readily accessible to employees.

(C) The employer shall ensure that employees who work in areas where their airborne exposure is above the PEL and/or excursion limit wash their hands and faces prior to eating, drinking or smoking.

(D) The employer shall ensure that employees do not enter lunchroom facilities with protective work clothing or equipment unless surface asbestos fibers have been removed from the clothing or equipment by vacuuming or other method that removes dust without causing the asbestos to become airborne.

(4) Smoking in work areas: The employer shall ensure that employees do not smoke in work areas where they are occupationally exposed to asbestos because of activities in that work area.

(j) Communication of hazards to employees--

Introduction: This section applies to the communication of information concerning asbestos hazards in general industry to facilitate compliance with this standard. Asbestos exposure in general industry occurs in a wide variety of industrial and commercial settings. Employees who manufacture asbestos-containing products may be exposed to asbestos fibers. Employees who repair and replace automotive brakes and clutches may be exposed to asbestos fibers. In addition, employees engaged in housekeeping activities in industrial facilities with asbestos product manufacturing operations, and in public and commercial buildings with installed asbestos containing materials may be exposed to asbestos fibers. Most of these workers are covered by this general industry standard. It should be noted that employees who perform housekeeping activities during and after construction activities are covered by the asbestos construction standard, Section 1529. However, housekeeping employees, regardless of industry designation, should know whether building components they maintain may expose them to asbestos. The same hazard communication provisions will protect employees who perform housekeeping operations in all three asbestos standards; general industry, construction, and shipyard employment. As noted in the construction standard, building owners are often the only and/or best source of information concerning the presence of previously installed asbestos containing building materials. Therefore they, along with employers of potentially exposed employees, are assigned specific information conveyance and retention duties under this section.

(1) Hazard communication--general.

(A) Chemical manufacturers, importers, distributors and employers shall comply with all requirements of the Hazard Communication Standard (HCS) (Section 5194) for asbestos.

(B) In classifying the hazards of asbestos at least the following hazards are to be addressed: Cancer and lung effects.

(C) Employers shall include asbestos in the hazard communication program established to comply with the HCS (Section 5194). Employers shall ensure that each employee has access to labels on containers of asbestos and to safety data sheets, and is trained in accordance with the requirements of HCS and subsection (j)(7) of this section.

(2) Installed Asbestos Containing Material: Employers and building owners are required to treat installed TSI and sprayed on and troweled-on surfacing materials as ACM in buildings constructed no later than 1980 for purposes of this standard. These materials are designated "presumed ACM" or "PACM", and are defined in subsection (b) of this section. Asphalt and vinyl flooring material installed no later than 1980 also must be treated as asbestos-containing. The employer or building owner may demonstrate that PACM and flooring material do not contain asbestos by complying with subsection (j)(8)(C) of this section.

(3) Duties of employers and building and facility owners.

(A) Building and facility owners shall determine the presence, location, and quantity of ACM and/or PACM at the work site. Employers and building and facility owners shall exercise due diligence in complying with these requirements to inform employers and employees about the presence and location of ACM and PACM.

(B) Building and facility owners shall maintain records of all information required to be provided pursuant to this section and/or otherwise known to the building owner concerning the presence, location and quantity of ACM and PACM in the building/facility. Such records shall be kept for the duration of ownership and shall be transferred to successive owners.

(C) Building and facility owners shall inform employers of employees, and employers shall inform employees who will perform housekeeping activities in areas which contain ACM and/or PACM of the presence and location of ACM and/or PACM in such areas which may be contacted during such activities.

Identification of ACM and PACM shall be made by an industrial hygienist or by persons whose skill and experience with respect to identification of asbestos hazards, is the equivalent to that of industrial hygienists and so can be demonstrated by the owner.

(4) Warning signs.

(A) Posting.

1. Warning signs shall be provided and displayed at each regulated area.

2. 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.

(B) Sign specifications:

1. The warning signs required by subsection (j)(4)(A) of this section shall bear the following legend:DANGER ASBESTOS MAY CAUSE CANCER CAUSES DAMAGE TO LUNGS AUTHORIZED PERSONNEL ONLY

2. In addition, where the use of respirators and protective clothing is required in the regulated area under this section, the warning signs shall include the following:WEAR RESPIRATORS AND PROTECTIVE CLOTHING IN THIS AREA

3. Prior to June 1, 2016, employers may use the following legend in lieu of that specified in subsection (j)(4)(B)1. of this section:DANGER ASBESTOS CANCER AND LUNG DISEASE HAZARD AUTHORIZED PERSONNEL ONLY

4. Prior to June 1, 2016, employers may use the following legend in lieu of that specified in subsection (j)(4)(B)2. of this section:RESPIRATORS AND PROTECTIVE CLOTHING ARE REQUIRED IN THIS AREA

(C) The employer shall ensure that employees working in and contiguous to regulated areas comprehend the warning signs required to be posted by subsection (j)(4)(A) of this section. Means to ensure employee comprehension may include the use of foreign languages, pictographs and graphics.

(D) At the entrance to mechanical rooms/areas in which employees reasonably can be expected to enter and which contain ACM and/or PACM, the building owner shall post signs which identify the material which is present, its location, and appropriate work practices which, if followed, will ensure that ACM and/or PACM will not be disturbed. The employer shall ensure, to the extent feasible, that employees who come in contact with these signs can comprehend them. Means to ensure employee comprehension may include the use of foreign languages, pictographs, graphics, and awareness training.

(5) Warning labels.

(A) Labeling: Labels shall be affixed to all raw materials, mixtures, scrap, waste, debris, and other products containing asbestos fibers, or to their containers. When a building owner or employer identifies previously installed ACM and/or PACM, labels or signs shall be affixed or posted so that employees will be notified of what materials contain ACM and/or PACM. The employer shall attach such labels in areas where they will clearly be noticed by employees who are likely to be exposed, such as at the entrance to mechanical rooms/areas. Signs required by subsection (j) of this section may be posted in lieu of labels so long as they contain information required for labeling.

(B) Label specifications: In addition to the requirements of subsection (j)(1), the employer shall ensure that labels of bags or containers of protective clothing and equipment, scrap, waste, and debris containing asbestos fibers include the following information:

DANGER CONTAINS ASBESTOS FIBERS MAY CAUSE CANCER CAUSES DAMAGE TO LUNGS DO NOT BREATHE DUST AVOID CREATING DUST

(C) Prior to June 1, 2015, employers may include the following information on raw materials, mixtures or labels of bags or containers of protective clothing and equipment, scrap, waste, and debris containing asbestos fibers in lieu of the labeling requirements in subsections (j)(1)(A) and (j)(5)(B) of this section:DANGER CONTAINS ASBESTOS FIBERS AVOID CREATING DUST CANCER AND LUNG DISEASE HAZARD

(6) The provisions for labels and for safety data sheets required by subsection (j) of this section do not apply where:

(A) Asbestos fibers have been modified by a bonding agent, coating, binder, or other material, provided that the manufacturer has demonstrated by objective data that during all reasonably foreseeable uses, handling, storage, disposal, processing, or transportation, no airborne concentrations of asbestos fibers in excess of the TWA permissible exposure level and/or excursion limit will be released. The record of objective data shall include at least those elements specified in subsection (m)(2)(B) of this section.

(B) No label is required when asbestos is present in a waste product in concentrations less than 1.0%

NOTE: Section 5194 requires that manufactured and imported products containing more than 0. 1 % asbestos by weight be labeled with an appropriate warning. The exemption specified in subsection (j)(6)(B) only applies to waste products or waste containers.

(7) Employee information and training.

(A) The employer shall institute a training program for all employees who are exposed to airborne concentrations of asbestos at or above the PEL and/or excursion limit and ensure their participation in the program.

(B) Training shall be provided prior to or at the time of initial assignment and at least annually thereafter.

(C) The training program shall be conducted in a manner which the employee is able to understand. The employer shall ensure that each employee is informed of the following:

1. The health effects associated with asbestos exposure;

2. The relationship between smoking and exposure to asbestos, producing lung cancer;

3. The quantity, location, manner of use, release, and storage of asbestos, and the specific nature of operations which could result in exposure to asbestos;

4. The purpose for and a description of the air monitoring program;

5. The purpose and a description of the medical surveillance program required by subsection (l) of this section;

6. The engineering controls and work practices associated with the employee's job assignment;

7. The purpose, proper use, and limitations of respirators and protective clothing, if required;

8. The specific procedures implemented to protect employees from exposure to asbestos, such as appropriate work practices, emergency and clean-up procedures, and personal protective equipment to be used;

9. The content of this standard, including appendices;

10. The names, addresses and phone numbers of public health organizations which provide information, materials, and/or conduct programs concerning smoking cessation. The employer may distribute the list of such organizations contained in Appendix I to this section, to comply with this requirement;

11. The requirements for posting signs and affixing labels and the meaning of the required legends for such signs and labels.

(D) The employer shall also provide, at no cost to employees who perform housekeeping operations in an area which contains ACM or PACM, an asbestos awareness training course, which shall at a minimum contain the following elements: health effects of asbestos, locations of ACM and PACM in the building/facility, recognition of ACM and PACM damage and deterioration, requirements in this standard relating to housekeeping, and proper response to fiber release episodes--to all employees who perform housekeeping work in areas where ACM and/or PACM is present. Each such employee shall be so trained at least once a year.

(E) Access to information and training materials.

1. The employer shall make a copy of this standard and its appendices readily available without cost to all affected employees.

2. The employer shall provide, upon request, all materials relating to the employee information and training program to the Chief and the Director.

3. The employer shall inform all employees concerning the availability of self-help smoking cessation program material. Upon employee request, the employer shall distribute such material, consisting of NIH Publication No. 89-1647, or equivalent self-help material, which is approved or published by a public health organization listed in Appendix I to this section.

(8) Criteria to rebut the designation of installed material as PACM.

(A) At any time, an employer and/or building owner may demonstrate, for purposes of this standard, that PACM does not contain asbestos. Building owners and/or employers are not required to communicate information about the presence of building material for which such a demonstration pursuant to the requirements of subsection (j)(8)(B) of this section has been made. However, in all such cases, the information, data and analysis supporting the determination that PACM does not contain asbestos, shall be retained pursuant to subsection (m) of this section.

(B) An employer or owner may demonstrate that PACM does not contain asbestos by the following:

1. Having a completed inspection conducted pursuant to the requirements of AHERA ( 40 CFR 763, Subpart E) which demonstrates that no ACM is present in the material; or

2. Performing tests of the material containing PACM which demonstrate that no ACM is present in the material. Such tests shall include analysis of bulk samples in the manner described in 40 CFR 763.86. The tests, evaluation and sample collection shall be conducted by an accredited inspector or by a CIH. Analysis of samples shall be performed by persons or laboratories with proficiency demonstrated by current successful participation in a nationally recognized testing program such as the National Voluntary Laboratory Accreditation Program (NVLAP) or the National Institute for Standards and Technology (NIST) or the Round Robin for bulk samples administered by the American Industrial Hygiene Association (AIHA) or an equivalent nationally recognized round robin testing program.

(C) The employer and/or building owner may demonstrate that flooring material including associated mastic and backing does not contain asbestos, by a determination of an industrial hygienist based upon recognized analytical techniques showing that the material is not ACM.

(k) Housekeeping--

(1) All surfaces shall be maintained as free as practicable of ACM waste and debris and accompanying dust.

(2) All spills and sudden releases of material containing asbestos shall be cleaned up as soon as possible.

(3) Surfaces contaminated with asbestos may not be cleaned by the use of compressed air.

(4) Vacuuming: HEPA-filtered vacuuming equipment shall be used for vacuuming asbestos containing waste and debris. The equipment shall be used and emptied in a manner which minimizes the reentry of asbestos into the workplace.

(5) Shoveling, dry sweeping and dry clean-up of asbestos may be used only where vacuuming and/or wet cleaning are not feasible.

(6) Waste disposal: Waste, scrap, debris, bags, containers, equipment, and clothing contaminated with asbestos consigned for disposal, shall be collected, recycled and disposed of in sealed impermeable bags, or other closed, impermeable containers.

(7) Care of asbestos-containing flooring material.

(A) Sanding of asbestos-containing floor material is prohibited.

(B) Stripping of finishes shall be conducted using low abrasion pads at speeds lower than 300 rpm, and wet methods.

(C) Burnishing or dry buffing may be performed only on asbestos-containing flooring which has sufficient finish so that the pad cannot contact the asbestos-containing material.

(8) Waste and debris and accompanying dust in an area containing accessible ACM and/or PACM or visibly deteriorated ACM, shall not be dusted or swept dry, or vacuumed without using a HEPA filter.

(l) Medical surveillance--

(1) General

(A) Employees covered: The employer shall institute a medical surveillance program for all employees who are or will be exposed to airborne concentrations of fibers of asbestos at or above the TWA and/or excursion limit.

(B) Examination by a physician.

1. The employer shall ensure that all medical examinations and procedures are performed by or under the supervision of a licensed physician, and shall be provided without cost to the employee and at a reasonable time and place.

2. Persons other than licensed physicians, who administer the pulmonary function testing required by this section, shall complete a training course in spirometry sponsored by an appropriate academic or professional institution.

(2) Pre-placement examinations.

(A) Before an employee is assigned to an occupation exposed to airborne concentrations of asbestos fibers at or above the TWA and/or excursion limit, a pre-placement medical examination shall be provided or made available by the employer.

(B) The employer shall obtain that part of the examining physician's opinion required by subsection (l)(7)(A)l. of this section before the employee is assigned to any job requiring the use of respiratory protective equipment or personal protective equipment.

(C) The employer shall obtain that part of the examining physician's opinion required by (l)(7)(A)2. of this section within 45 working days of the employee's assignment to any work involving exposure to asbestos in excess of the TWA and/or excursion limit.

(D) Such examination shall include, as a minimum:

1. A medical and work history;

2. A complete physical examination of all systems with emphasis on the respiratory system, the cardiovascular system and digestive tract;

3. Completion of the respiratory disease standardized questionnaire in Appendix D to this section, Part 1;

4. A chest roentgenogram in accordance with Table 2;

5. Pulmonary function tests to include forced vital capacity (FVC) and forced expiratory volume at 1 second (FEV(1.0)); and

6. Any additional tests deemed appropriate by the examining physician.

7. Interpretation and classification of chest roentgenogram shall be conducted in accordance with Appendix E to this section.

(3) Periodic examinations.

(A) Periodic medical examinations shall be made available annually.

(B) The scope of the medical examination shall be in conformance with the protocol established in subsection (l)(2)(D) of this section, except that the frequency of chest roentgenogram shall be conducted in accordance with Table 2, and the abbreviated standardized questionnaire contained in, Part 2 of Appendix D to this section shall be administered to the employee.

TABLE 2.

FREQUENCY OF CHEST ROENTGENOGRAM

Years since first exposure		Age of employee
		Less than 40	40 and older
	0 to 10	Every 3 years	Annually*
	10	Annually*	Annually*

. Oblique x-rays need only be performed every 3 years.

(4) Termination of employment examinations.

(A) The employer shall provide, or make available, a termination of employment medical examination for any employee who has been exposed to airborne concentrations of fibers of asbestos at or above the TWA and/or excursion limit.

(B) The medical examination shall be in accordance with the requirements of the periodic examinations stipulated in subsection (l)(3) of this section, and shall be given within 30 calendar days before or after the date of termination of employment.

(5) Recent examinations: No medical examination is required of any employee if adequate records show that the employee has been examined in accordance with any of subsections (l)(2) through (l)(4) of this section within the past 1 year period. A pre-employment medical examination which was required as a condition of employment by the employer, may not be used by that employer to meet the requirements of this subsection, unless the cost of such examination is borne by the employer.

(6) Information provided to the physician: The employer shall provide the following information to the examining physician:

(A) A copy of this standard and Appendices D and E.

(B) A description of the affected employee's duties as they relate to the employee's exposure.

(C) The employee's representative exposure level or anticipated exposure level.

(D) A description of any personal protective and respiratory equipment used or to be used.

(E) Information from previous medical examinations of the affected employee that is not otherwise available to the examining physician.

(7) Physician's written opinion.

(A) The employer shall obtain a written signed opinion from the examining physician. This written opinion shall contain the results of the medical examination and shall include:

1. Any recommended limitations on the employee or upon the use of personal protective equipment such as clothing or respirators;

2. The physician's opinion as to whether the employee has any detected medical conditions that would place the employee at an increased risk of material health impairment from exposure to asbestos;

3. A statement that the employee has been informed by the physician of the results of the medical examination and of any medical conditions resulting from asbestos exposure that require further explanation or treatment; and

4. A statement that the employee has been informed by the physician of the increased risk of lung cancer attributable to the combined effect of smoking and asbestos exposure.

(B) The employer shall instruct the physician not to reveal in the written opinion given to the employer specific findings or diagnoses unrelated to occupational exposure to asbestos.

(C) The employer shall provide a copy of the physician's written opinion to the affected employee within 30 days from its receipt.

(m) Recordkeeping--

(1) Exposure measurements.

NOTE: The employer may utilize the services of competent organizations such as industry trade associations and employee associations to maintain the records required by this section.

(A) The employer shall keep an accurate record of all measurements taken to monitor employee exposure to asbestos as prescribed in subsection (d) of this section.

(B) This record shall include at least the following information:

1. The date of measurement;

2. The operation involving exposure to asbestos which is being monitored;

3. Sampling and analytical methods used and evidence of their accuracy;

4. Number, duration, and results of samples taken;

5. Type of respiratory protective devices worn, if any; and

6. Name, social security number and exposure of the employees whose exposures are represented.

(C) The employer shall maintain this record for at least thirty (30) years in accordance with Section 3204.

(2) Objective data for exempted operations.

(A) Where the processing, use, or handling of products made from or containing asbestos is exempted from other requirements of this section under subsection (d)(2)(C) of this section, the employer shall establish and maintain an accurate record of objective data reasonably relied upon in support of the exemption.

(B) The record shall include at least the following:

1. The product qualifying for exemption:

2. The source of the objective data;

3. The testing protocol, results of testing, and/or analysis of the material for the release of asbestos;

4. A description of the operation exempted and how the data support the exemption; and

5. Other data relevant to the operations, materials, processing, or employee exposures covered by the exemption.

(C) The employer shall maintain this record for the duration of the employer's reliance upon such objective data.

(3) Medical surveillance.

(A) The employer shall establish and maintain an accurate record for each employee subject to medical surveillance by subsection (l)(1)(A) of this section, in accordance with Section 3204.

(B) The record shall include at least the following information:

1. The name and social security number of the employee;

2. Physician's written opinions;

3. Any employee medical complaints related to exposure to asbestos; and

4. A copy of the information provided to the physician as required by subsection (l)(6) of this section.

(C) The employer shall ensure that this record is maintained for the duration of employment plus thirty (30) years, in accordance with Section 3204.

(4) Training: The employer shall maintain all employee training records for one (1) year beyond the last date of employment of that employee.

(5) Availability.

(A) The employer, upon written request, shall make all records required to be maintained by this section available to the Chief and the Director for examination and copying.

(B) The employer, upon request, shall make any exposure records required by subsection (m)(1) of this section available for examination and copying to affected employees, former employees, designated representatives and the Chief, in accordance with Section 3204(a) through (e), and (g) through (i)

(C) The employer, upon request, shall make employee medical records required by subsection (m)(3) of this section available for examination and copying to the subject employee, to anyone having the specific written consent of the subject employee, and the Chief, in accordance with Section 3204.

(6) Transfer of records.

(A) The employer shall comply with the requirements concerning transfer of records set forth in Section 3204(h).

(B) Whenever 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 notify the Director at least 90 days prior to disposal of records and, upon request, transmit them to the Director.

(n) Observation of monitoring--

(1) Employee observation: The employer shall provide affected employees or their designated representatives an opportunity to observe any monitoring of employee exposure to asbestos conducted in accordance with subsection (d) of this section.

(2) Observation procedures: When observation of the monitoring of employee exposure to asbestos requires entry into an area where the use of protective clothing or equipment is required, the observer shall be provided with and be required to use such clothing and equipment and shall comply with all other applicable safety and health procedures.

(o) Reports of use (User Registration, Temporary Worksite Notification, and incident reporting)--See section 5203.

EXCEPTIONS:

A. Automotive repair facilities which are registered with the State Bureau of Automotive Repairs meet the registration requirements of this subsection but are not otherwise exempt from this section.

B. Operations such as retail, wholesale, warehousing, transportation or distribution of products containing asbestos are exempt from report of use requirements of this section, provided such products are handled or stored in sealed or unbroken containers.

C. Products in which the asbestos fibers have been modified by a bonding agent, coating, binder, or other material, provided that the manufacturer has demonstrated by objective data that during all reasonably foreseeable uses, handling, storage, disposal, processing or transportation, no airborne concentrations of asbestos fibers in excess of the PEL [TWA] and/or excursion limit will be released. The record of objective data shall include at least those elements specified in subsection (m)(2)(B) of this section.

D. Large outdoor storage such as mine ore tailings piles, if posted in accordance with the requirements of 8 CCR 5208(j)(3).

(p) Appendices--

(1) Appendices A, C, D, E, and F to this section are incorporated as part of this section and the contents of these Appendices are mandatory

(2) Appendices B, G, H, I, and J to this section are informational and are not intended to create any additional obligations not otherwise imposed or to detract from any existing obligations.

Cal. Code Regs. Tit. 8, § 5208

1. Amendment of subsections (a) and (g)(1)(B), and new Appendix A filed 7-10-89 as an emergency; operative 7-10-89 (Register 89, No. 28). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 11-7-89. For prior history, see Register 83, No. 10.
2. Readoption of amendment of subsections (a) and (g)(1)(B), and new Appendix A filed 11-2-89 as an emergency; operative 11-2-89 (Register 89, No. 45). A Certificate of Compliance must be transmitted to OAL within 120 days, by 3-2-90, or emergency language is repealed by operation of law effective 3-3-90.
3. Readoption of amendment of subsections (a) and (g)(1)(B), and new Appendix A filed 2-22-90 as an emergency; operative 2-22-90 (Register 90, No. 9). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 6-22-90.
4. Readoption of amendment of subsections (a) and (g)(1)(B), and new Appendix A filed 6-15-90 as an emergency; operative 6-15-90 (Register 90, No. 33). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 10-15-90.
5. Amendment of subsections (a) and (g)(1)(B) and new Appendix A filed 10-12-90 as an emergency readoption; operative 10-12-90 (Register 90, No. 46). A Certificate of Compliance must be transmitted to OAL by 2-9-91 or emergency language will be repealed by operation of law on the following day.
6. Readoption of amendment of subsections (a) and (g)(1)(B) and new Appendix A filed 2-4-91 as an emergency; operative 2-4-91 (Register 91, No. 11). Certificate of Compliance must be transmitted to OAL by 6-4-91 or emergency language will be repealed by operation of law on the following day.
7. Amendment filed 2-15-91; operative 2-15-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 19).
8. Editorial correction of printing error in subsection (q) and restoring dropped HISTORYs 1., 2., 3., 4., 5., and 6. and renumbering former HISTORY 1. to HISTORY
7. (Register 91, No. 31).
9. Editorial correction of HISTORY 7. amending date (Register 91, No. 45).
10. Change without regulatory effect amending definition of Chief in subsection (b) filed 3-4-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 19).
11. Amendment of subsection (c)(1) and NOTE filed 5-1-95; operative 5-31-95 (Register 95, No. 18).
12. Repealer and new section filed 5-3-96; operative 7-3-96 (Register 96, No. 18).
13. Amendment of subsection (j)(3)(E) filed 10-3-97; operative 10-3-97. Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(3) (Register 97, No. 40).
14. Amendment of former subsections (g)(1)-(g)(4)(B) including subsection renumbering and relettering resulting in newly designated subsections (g)(1)-(g)(3)(A) filed 8-25-98; operative 11-23-98 (Register 98, No. 35).
15. Amendment of subsection (o) and repealer of subsections (o)(1)(B)1. and (o)(1)(B)2.-(o)(4) filed 7-6-99; operative 8-5-99 (Register 99, No. 28).
16. Amendment of subsections (g)(2)(B) and (g)(3)(A) and new subsection (g)(3)(B) filed 3-6-2007; operative 3-6-2007. Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(3) (Register 2007, No. 10).
17. Amendment of subsections (h)(2)(D) and (h)(3)(G) and subsections within subsection (j) filed 5-6-2013; operative 5-6-2013 pursuant to Labor Code section 142.3(a)(4)(C). Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(4) (Register 2013, No. 19).
18. Amendment of subsections (h)(2)(D) and (h)(3)(G) and subsections within subsection (j) refiled 11-6-2013; operative 11-6-2013 pursuant to Labor Code section 142.3(a)(4)(C). Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(4) (Register 2013, No. 45).
19. Repealer of 11-6-2013 order by operation of law 5-6-2014 pursuant to Labor Code 142.3 (Register 2014, No. 19).
20. Amendment of subsections (h)(2)(D) and (h)(3)(G) and subsections within subsection (j) filed 5-5-2014; operative 5-6-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 19).

Note: Authority cited: Sections 142.3, 6501.5, 9020, 9021.5, 9030, and 9040, Labor Code. Reference: Sections 142.3, 6501.5, 6501.7, 6501.8, 6501.9, 6502, 9003, 9004(b), 9005, 9006, 9009, 9020, 9021.5, 9030, and 9040, Labor Code; and Section 25910, Health and Safety Code.

1. Amendment of subsections (a) and (g)(1)(B), and new Appendix A filed 7-10-89 as an emergency; operative 7-10-89 (Register 89, No. 28). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 11-7-89. For prior history, see Register 83, No. 10.
2. Readoption of amendment of subsections (a) and (g)(1)(B), and new Appendix A filed 11-2-89 as an emergency; operative 11-2-89 (Register 89, No. 45). A Certificate of Compliance must be transmitted to OAL within 120 days, by 3-2-90, or emergency language is repealed by operation of law effective 3-3-90.
3. Readoption of amendment of subsections (a) and (g)(1)(B), and new Appendix A filed 2-22-90 as an emergency; operative 2-22-90 (Register 90, No. 9). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 6-22-90.
4. Readoption of amendment of subsections (a) and (g)(1)(B), and new Appendix A filed 6-15-90 as an emergency; operative 6-15-90 (Register 90, No. 33). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 10-15-90.
5. Amendment of subsections (a) and (g)(1)(B) and new Appendix A filed 10-12-90 as an emergency readoption; operative 10-12-90 (Register 90, No. 46). A Certificate of Compliance must be transmitted to OAL by 2-9-91 or emergency language will be repealed by operation of law on the following day.
6. Readoption of amendment of subsections (a) and (g)(1)(B) and new Appendix A filed 2-4-91 as an emergency; operative 2-4-91 (Register 91, No. 11). Certificate of Compliance must be transmitted to OAL by 6-4-91 or emergency language will be repealed by operation of law on the following day.
7. Amendment filed 2-15-91; operative 2-15-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 19).
8. Editorial correction of printing error in subsection (q) and restoring dropped HISTORYs 1., 2., 3., 4., 5., and 6. and renumbering former HISTORY 1. to HISTORY 7. (Register 91, No. 31).
9. Editorial correction of HISTORY 7. amending date (Register 91, No. 45).
10. Change without regulatory effect amending definition of Chief in subsection (b) filed 3-4-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 19).
11. Amendment of subsection (c)(1) and Note filed 5-1-95; operative 5-31-95 (Register 95, No. 18).
12. Repealer and new section filed 5-3-96; operative 7-3-96 (Register 96, No. 18).
13. Amendment of subsection (j)(3)(E) filed 10-3-97; operative 10-3-97. Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(3) (Register 97, No. 40).
14. Amendment of former subsections (g)(1)-(g)(4)(B) including subsection renumbering and relettering resulting in newly designated subsections (g)(1)-(g)(3)(A) filed 8-25-98; operative 11-23-98 (Register 98, No. 35).
15. Amendment of subsection (o) and repealer of subsections (o)(1)(B)1. and (o)(1)(B)2.-(o)(4) filed 7-6-99; operative 8-5-99 (Register 99, No. 28).
16. Amendment of subsections (g)(2)(B) and (g)(3)(A) and new subsection (g)(3)(B) filed 3-6-2007; operative 3-6-2007. Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(3) (Register 2007, No. 10).
17. Amendment of subsections (h)(2)(D) and (h)(3)(G) and subsections within subsection (j) filed 5-6-2013; operative 5-6-2013 pursuant to Labor Code section 142.3(a)(4)(C). Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(4) (Register 2013, No. 19).
18. Amendment of subsections (h)(2)(D) and (h)(3)(G) and subsections within subsection (j) refiled 11-6-2013; operative 11-6-2013 pursuant to Labor Code section 142.3(a)(4)(C). Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(4) (Register 2013, No. 45).
19. Repealer of 11-6-2013 order by operation of law 5-6-2014 pursuant to Labor Code 142.3 (Register 2014, No. 19).
20. Amendment of subsections (h)(2)(D) and (h)(3)(G) and subsections within subsection (j) filed 5-5-2014; operative 5/6/2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 19).