Section 5208.1 - Non Asbestiform Tremolite, Anthophyllite, and ActinoliteThis section applies to occupational exposures to non-asbestiform tremolite, anthophyllite, and actinolite.
(a) The 8-hour time weighted average concentration of airborne non-asbestiform tremolite, anthophyllite, and actinolite fibers to which any employee may be exposed shall not exceed 2 fibers, longer than 5 micrometers, per cubic centimeter of air as determined by the membrane filter method using phase contrast illumination and 400 to 450X magnification. The ceiling or short time concentration to which employees are exposed shall not exceed 10 fibers, longer than 5 micrometers, per cubic centimeter of air.(b) Engineering Controls. Controls such as, but not limited to, isolation, enclosure, exhaust ventilation, and dust collection shall be used to meet the exposure limits in 5208.1(a). All hand-operated and power-operated tools which may produce or release non-asbestiform tremolite, anthophyllite, and actinolite fibers in excess of such limit shall be provided with local exhaust ventilation systems. The American National Standards Institute Z9.2-1971 Standard Governing the Design and Operations of Local Exhaust Systems shall be used to design, construct, install, and maintain exhaust ventilation and dust collection systems in accordance with section 5143.(c) Work Practices. (1) Non-asbestiform tremolite, anthophyllite, and actinolite shall be mixed, handled, applied, removed, cut, or otherwise worked wet insofar as practicable.(2) Non-asbestiform tremolite, anthophyllite, and actinolite spills shall be cleaned up promptly.(3) Non-asbestiform tremolite, anthophyllite, and actinolite-containing cement, mortar, coating, grout, plastic, or similar material shall not be removed from bags, cartons, or other containers without being wetted, unless it is enclosed and/or ventilated to effectively control airborne fibers as specified in section 5208.1(a).(4) The spraying of any substance containing any amount of non-asbestiform tremolite, anthophyllite, and actinolite in or upon a building or other structure during its construction, alteration, or repair is prohibited. EXCEPTIONS:
(A) Exterior and interior coatings and laminating resins containing encapsulated non-asbestiform tremolite, anthophyllite, and actinolite fibers bound within finished product from manufacture through application.(B) Cold process asphalt roof coatings.(C) Substances containing less than one-quarter of 1 percent non-asbestiform tremolite, anthophyllite, and actinolite solely as a result of naturally occurring impurities in the substance or its components.(5) Non-asbestiform tremolite, anthophyllite, and actinolite waste, scrap, debris, bags, containers, equipment or other non-asbestiform tremolite, anthophyllite, and actinolite-contaminated material consigned for disposal which may produce in any reasonably foreseeable use, handling, storage, processing, disposal, or transportation employee exposure to airborne non-asbestiform tremolite, anthophyllite, and actinolite fibers in excess of the limits prescribed by section 5208.1(a) shall be collected and disposed of in sealed impermeable bags or other closed impermeable containers which shall be labeled in accordance with section 5208.1(i).(d) Respiratory Protective Equipment. When engineering controls and wet handling methods are not feasible or are incapable of controlling the concentration or in an emergency, respiratory protection and shall be provided and worn in accordance with provisions of section 5144 and the following requirements: (1) Reusable or single-use air filtering respirators shall be used when the concentration exceeds the levels specified in section 5208.1(a), but may not be used when the concentration may reasonable be expected to exceed 10 times the limit.(2) Powered air filtering respirators may be worn for lower concentrations, but shall be worn when the non-asbestiform tremolite, anthophyllite, and actinolite fiber concentration is reasonable expected to exceed 10 times, but not 100 times the limit in section 5208.1(a).(3) Continuous flow or pressure demand air-line respirators or self-contained breathing apparatus may be worn for lower concentrations, but shall be worn when the non-asbestiform tremolite, anthophyllite, and actinolite fiber concentration is reasonably expected to exceed 100 times the limit in section 5208.1(a).(4) No employee shall be assigned to tasks requiring the use of respirators if based on his most recent examination an examining physician determines that the employee will be unable to function normally wearing a respirator or that the safety or health of the employee or other employees will be impaired by his use of the respirator. Such employee shall be rotated to an equivalent job whose duties he is able to perform, with the same employer, in the same geographical area and with the same seniority, status, and rate of pay, if such a position is available.(e) Change Rooms and Special Clothing. (1) The employer shall provide and require the use of special clothing such as coveralls or similar whole body clothing, head coverings, gloves, and foot coverings for any employee exposed to airborne concentrations of non-asbestiform tremolite, anthophyllite, and actinolite fibers which exceed the ceiling level prescribed in section 5208.1(a).(2) Any fixed place of employment exposed to airborne concentrations of non-asbestiform tremolite, anthophyllite, and actionlite fibers in excess of exposure limits prescribed in section 5208.1(a), the employer shall provide change rooms for employees working regularly at the place, and shall provide two separate lockers or containers for each employee, so separated or isolated as to prevent contamination of the employees' street clothes from his work clothes.(f) Laundering. (1) Laundering of non-asbestiform tremolite, anthophyllite, and actinolite-contaminated clothing shall be done so as to prevent the release of airborne non-asbestiform tremolite, anthophyllite, and actinolite fibers in excess of the exposure limits prescribed in section 5208.1(a).(2) Any employer who gives non-asbestiform tremolite, anthophyllite, and actinolite-contaminated clothing to another person for laundering shall inform such person of the requirement in section 5208.1 to effectively prevent the release of airborne non-asbestiform tremolite, anthophyllite, and actinolite fibers in excess of the exposure limits prescribed in section 5208.1(a).(3) The employer shall ensure that contaminated clothing shall be transported in sealed impermeable bags or other closed, impermeable containers, and labeled in accordance with section 5208.1(h).(g) Monitoring and Record Keeping. (1) Monitoring. (A) The employer shall sample the air and determine the concentration of non-asbestiform tremolite, anthophyllite, and actinolite fibers within the breathing zone of employees whose exposure to non-asbestiform tremolite, anthophyllite, and actinolite fibers may exceed an 8-hour time-weighted average concentration of 0.1 fiber longer than 5 micrometers, per cubic centimeter due to work assignment(s) at or near operations with non- asbestiform tremolite, anthophyllite, and actinolite or non-asbestiform tremolite, anthophyllite, and actinolite-containing products which result in the release of non-asbestiform tremolite, anthophyllite, and actinolite fibers.(B) Monitoring shall be repeated at least once every 6 months where exposure to airborne non-asbestiform tremolite, anthophyllite, and actinolite may exceed an 8-hour time-weighted average concentration of 0.5 fiber, longer than 5 micrometers, per cubic centimeter or a ceiling concentration of 5 fibers longer than 5 micrometers, per cubic centimeter.(C) Following any change in control, process, or production method which may alter the concentration of airborne non-asbestiform tremolite, anthophyllite, and actinolite, the employer shall monitor the level of any employee's exposure which may have been affected by such change.(D) The sampling of airborne non-asbestiform tremolite, anthophyllite, and actinolite shall be performed in a manner which will assure a reasonable accurate determination and shall be made without regard to employee use of respiratory protective equipment.(E) All determinations of concentrations of airborne non-asbestiform tremolite, anthophyllite, and actinolite fibers shall use the membrane filter method with phase contrast illumination, 400 to 450X magnification. and 4 millimeter objective.(2) Record Keeping. (A) The employer shall maintain complete and accurate records of monitoring required by section 5208.1(g)(1).(B) Monitoring records shall be maintained for at least 30 years.(C) Monitoring records shall be made available upon request to authorized representatives of the Chief of the Division of Safety and Health, in accordance with section 3204, or the Director of the National Institute for Occupational Safety and Health.(D) Upon request of an employee, former employee or an employee representative of either, the employer shall provide a copy of the monitoring record of the employee or former employee in accordance with section 3204.(E) The employer shall comply with the provisions of section 3204 concerning the transfer or disposition of monitoring records.(h) Communication of hazards to employees. (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 non-asbestiform, tremolite, anthophyllite, and actinolite.(B) In classifying the hazards of non-asbestiform, tremolite, anthophyllite, and actinolite at least the following hazards are to be addressed: cancer and lung effects.(C) Employers shall include non-asbestiform, tremolite, anthophyllite, and actinolite 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 non-asbestiform, tremolite, anthophyllite, and actinolite and to safety data sheets, and is trained in accordance with the requirements of HCS and section 5208.1(h)(4).(2) Warning signs. (A) Posting. Warning signs shall be provided and displayed at each location where airborne concentrations of non-asbestiform tremolite, anthophyllite, and actinolite fibers may be in excess of the exposure limits prescribed in section 5208.1(a). Signs shall be posted at such a distance from such a location so that an employee may read the signs and take necessary protective steps before entering the area marked by the signs. Signs shall be posted at all approaches to areas containing excessive concentrations of airborne non-asbestiform tremolite, anthophyllite, and actinolite fibers.(B) Sign Specifications. 1. The warning signs required by subsection (h)(2)(A) shall bear the following legend: DANGER
[MINERAL NAME]
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: [MINERAL NAME] DUST HAZARD AVOID BREATHING DUST WEAR ASSIGNED PROTECTIVE EQUIPMENT DO NOT REMAIN IN AREA UNLESS YOUR WORK REQUIRES IT BREATHING [MINERAL NAME] DUST MAY BE HAZARDOUS TO YOUR HEALTH
(3) Warning Labels. (A) Labeling. Labels shall be affixed to all raw materials, mixtures, scrap, waste, debris, and other products containing non-asbestiform tremolite, anthophyllite, and actinolite fibers or to their containers. EXCEPTIONS:
1. No label is required where non-asbestiform tremolite, anthophyllite, and actinolite fibers have been modified by a bonding agent, coating, binder, or other material so that during any reasonably foreseeable use, handling, storage, disposal, processing, or transportation, no airborne non-asbestiform tremolite, anthophyllite, and actinolite fibers in excess of the exposure limits prescribed in section 5208.1(a) will be released.2. No label is required for large outdoor storage such as mine ore tailing piles, if properly posted.(B) Label Specifications. In addition to the requirements of subsection (h)(1), the employer shall ensure that labels of bags or containers of protective clothing and equipment, scrap, waste and debris containing non-asbestiform tremolite, anthophyllite, and actinolite fibers include the following information: DANGER CONTAINS [MINERAL NAME] 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 non-asbestiform tremolite, anthophyllite, and actinolite fibers in lieu of the labeling requirements in subsections (h)(3)(A) and (h)(3)(B) of this section: CAUTION Contains [Mineral Name] Fibers Avoid Creating Dust Breathing [Mineral Name] Dust May Cause Serious Bodily Harm
(4) Employee Information and Training. (A) The employer shall institute a training program for, and assure the participation of all employees exposed to non-asbestiform tremolite, anthophyllite, and actinolite such that medical examination are required pursuant to section 5208.1. EXCEPTION: Employees who are certified as having been trained in an apprenticeship non-asbestiform tremolite, anthophyllite, and actinolite training program meeting all the criteria in section 5208.1.
(B) Training shall be provided at the time of initial assignment and at least annually thereafter, and the employer shall assure that each employee is informed of the following information in a language that the employee can understand: 1. The nature of all health hazards directly attributable to non-asbestiform tremolite, anthophyllite, and actinolite exposure including carcinogenic hazards.2. The increased risk of lung cancer associated with smoking cigarettes and non-asbestiform tremolite, anthophyllite, and actinolite exposure.3. The specific nature of the operations and specific information to aid the employee in recognizing when and where non-asbestiform tremolite, anthophyllite, and actinolite exposure may result.4. The purpose for and a description of the monitoring program.5. The purpose for and description of the medical surveillance program.6. The necessary protective steps to prevent exposure, including engineering controls and safe work practices.7. Where the employee is required to wear a respirator, the purpose for, proper use and limitations of the respiratory devices.8. Where protective clothing is required, the purpose for, proper use and limitations of protective devices or clothing.9. The purpose for and application of housekeeping and personal hygiene practices and procedures to prevent non-asbestiform tremolite, anthophyllite, and actinolite exposure to others.10. The purpose for, significance of and familiarization with emergency procedures.11. A review of the provisions of this standard.(C) Access to Training Materials.1. The employer shall make a copy of this standard readily available to all affected employees and their representatives.2. All materials relating to the employee information and training program shall be provided, upon request, to authorized representatives of the Chief of the Division of Occupational Safety and Health or the Chief's authorized representative.(i) Medical Surveillance. (1) Medical Examinations. The employer shall provide or make available at no cost to the employee a comprehensive medical examination by a licensed physician in accordance with this subsection for each employee engaged in an occupation where exposure to airborne non-asbestiform tremolite, anthophyllite, and actinolite, without regard to the use of respiratory protective equipment, has been determined to exceed, or may be reasonably expected to exceed, an 8-hour time-weighted average concentration of 0.1 fiber, longer than 5 micrometers, per cubic centimeter. (A) The examination shall be conducted within 30 calendar days of the employee's initial assignment, thereafter, as required by section 5208.1 (i)(1)(B)1 or (i)(1)(B)2, and within 30 calendar days of termination of employment if an examination has not been performed within the year preceding termination.(B) The examination shall include, as a minimum, a history to elicit symptomatology of upper and lower respiratory and gastrointestinal diseases, a physical examination of the respiratory and gastrointestinal diseases, a 14-inch by 17-inch posterior-anterior chest X-ray, right and left anterior oblique chest X-rays, pulmonary function tests including forced vital capacity (FVC) and forced expiratory volume at one second (FEV1). 1. For employees less than 40 years of age with less than 10 years since initial occupational exposure to non-asbestiform tremolite, anthophyllite, and actinolite, the medical examination shall be provided every three years after the initial examination and shall include as a minimum a 14-inch by 17-inch posterior-anterior chest X-ray, a physical examination of the respiratory and gastrointestinal systems, and pulmonary function tests including forced vital capacity (FVC) and forced expiratory volume at one second (FEV1).2. For employees 40 years of age or older or with 10 years or more since initial occupational exposure to non-asbestiform tremolite, anthophyllite, and actinolite, the medical examination, as described in section 5208.1(j)(1)(B), shall be performed annually, except that the oblique X-rays need only be performed every three years. A rectal examination and a stool guaiac test for occult blood shall be performed annually.(C) The employer shall obtain from the examining physician all the information required by this subsection and any other medical information or diagnosis relevant to occupational exposure to non-asbestiform tremolite, anthophyllite, and actinolite including the physician's opinion as to whether the employee has any detected medical condition which would place the employee at increased risk of material impairment of the employee's health from exposure to non-asbestiform tremolite, anthophyllite, and actinolite.(2) Recordkeeping. (A) Complete and accurate records of medical examinations required by this section shall be maintained for each employee.(B) Medical examination records shall be maintained for at least 30 years.(C) Records of the medical examinations required by this section shall be provided upon request to employees, designated representatives, and authorized representatives of the Chief of the Division of Occupational Safety and Health in accordance with section 3204. Medical records shall also be provided upon the request of the Director, National Institute for Occupational Safety and Health.(D) The employer shall comply with the provisions of section 3204 concerning the transfer or disposition of medical records.(j) Employee Notification. Any employee found to have been exposed to non-asbestiform tremolite, anthophyllite, and actinolite fibers in excess of either the permissible limits prescribed by subsection (a) shall be notified in writing of the exposure within 5 days of the finding. The individuals so exposed shall also be notified of the corrective action in compliance with subsections (b), (c), (d), (e), and (f) being taken by the employer.(k) Reports of Use. See section 5203.(l) Transfer of Records. (1) In the event the employer ceases to do business and there is no successor to receive and retain records in accordance with section 5208.1 and such records shall be transmitted to the Director, National Institute for Occupational Safety and Health, 5600 Fisher Lane, Rockville, Maryland 20852.(2) Upon the expiration of the retention period prescribed by section 5208.1(g)(2)(B) and (i)(2)(B), the employer shall notify the Director, National Institute for Occupational Safety and Health at least 3 months prior to any planned disposal of the records and shall transfer those records to the Director if requested within the period.Cal. Code Regs. Tit. 8, § 5208.1
1. New section 5208.1 filed 2-15-91; operative 2-15-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 19).
2. Editorial correction of HISTORY 1. (Register 91, No. 45).
3. Change without regulatory effect amending subsection (l) filed 3-4-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 19).
4. Amendment of subsection (h)(2) filed 2-5-97; operative 3-7-97 (Register 97, No. 6).
5. Editorial correction of subsections (e)(1), (g)(1)(A), (i)(2), (j)(1)(B)2. and (n)(1)(A) (Register 98, No. 35).
6. Amendment of subsection (l), repealer of subsections (l)(1)-(4) and amendment of NOTE filed 7-6-99; operative 8-5-99 (Register 99, No. 28).
7. Amendment 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, 9020, 9030 and 9040, Labor Code. Reference: Sections 142.3, 9004(b), 9009, 9020, 9030, 9031 and 9040, Labor Code.
1. New section 5208.1 filed 2-15-91; operative 2-15-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 19).
2. Editorial correction of HISTORY 1. (Register 91, No. 45).
3. Change without regulatory effect amending subsection (l) filed 3-4-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 19).
4. Amendment of subsection (h)(2) filed 2-5-97; operative 3-7-97 (Register 97, No. 6).
5. Editorial correction of subsections (e)(1), (g)(1)(A), (i)(2), (j)(1)(B)2. and (n)(1)(A) (Register 98, No. 35).
6. Amendment of subsection (l), repealer of subsections (l)(1)-(4) and amendment of Note filed 7-6-99; operative 8-5-99 (Register 99, No. 28).
7. Amendment filed 5-5-2014; operative 5/6/2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 19).