Section 5210 - Vinyl Chloride(a) Scope and Application.(1) This section includes requirements for the control of employee exposure to vinyl chloride (chloroethene), Chemical Abstracts Service Registry No. 75014.(2) This section applies to the manufacture, reaction, packaging, repackaging, storage, handling or use of vinyl chloride or polyvinyl chloride, but does not apply to fabricated products made of polyvinyl chloride.(3) This section applies to the transportation of vinyl chloride or polyvinyl chloride except to the extent that the Department of Transportation may regulate the hazards covered by this section.(b) Definitions.(1) Action Level. A time-weighted concentration of vinyl chloride of 0.5 ppm averaged over any 8-hour period.(2) Authorized Person. Any person specifically authorized by the employer whose duties require him to enter a regulated area or any person entering such an area as a designated representative of employees for the purpose of exercising an opportunity to observe monitoring and measuring procedures.(3) Fabricated product. A product made wholly or partly from polyvinyl chloride, and which has been processed at temperatures, and for times, sufficient to cause mass melting of the polyvinyl chloride.(4) Polyvinyl Chloride. The homopolymer or copolymer of polyvinyl chloride before such is converted to a fabricated product.(5) Vinyl Chloride. The monomer of vinyl chloride.(c) Permissible Exposure Limit. (1) No employee may be exposed to vinyl chloride at concentrations greater than 1 ppm averaged over any 8-hour period, and(2) No employee may be exposed to vinyl chloride at concentrations greater than 5 ppm averaged over any period not exceeding 15 minutes.(3) No employee may be exposed to vinyl chloride by direct contact with liquid vinyl chloride.(d) Monitoring. (1) A program of initial monitoring and measurement shall be undertaken in each establishment to determine if there is any employee exposed, without regard to the use of respirators, in excess of the action level.(2) Where a determination conducted under paragraph (d)(1) of this section shows any employee exposures, without regard to the use of respirators, in excess of the action level, a program for determining exposures for each such employee shall be established. Such a program:(A) Shall be repeated at least monthly where any employee is exposed, without regard to the use of respirators, in excess of the permissible exposure limit.(B) Shall be repeated not less than quarterly where any employee is exposed, without regard to the use of respirators, in excess of the action level.(C) May be discontinued for any employee only when at least two consecutive monitoring determinations, made not less than 5 working days apart, show exposures for that employee at or below the action level.(3) Whenever there has been a production, process or control change which may result in an increase in the release of vinyl chloride, or the employer has any other reason to suspect that any employee may be exposed in excess of the action level, a determination of employee exposure under paragraph (d)(1) of this section shall be performed.(4) The method of monitoring and measurement shall have an accuracy (with a confidence level of 95 percent) of not less than plus or minus 50 percent from 0.25 through 0.5 ppm, plus or minus 35 percent from over 0.5 ppm through 1.0 ppm, and plus or minus 25 percent over 1.0 ppm. (Methods meeting these accuracy requirements are available in the "NIOSH Manual of Analytical Methods.")(5) Employees or their designated representatives shall be afforded reasonable opportunity to observe the monitoring and measuring required by this paragraph.(6) Employee Notification of Monitoring Results. The employer must, within 15 working days after the receipt of the results of any monitoring performed under this section, notify each affected employee of these results and the steps being taken to reduce exposures within the permissible exposure limit either individually in writing or by posting the results in an appropriate location that is accessible to affected employees.(e) Regulated Area.(1) A regulated area shall be established where vinyl chloride is released into work areas such that employees are exposed above the limits specified in paragraph (c)(1) or (c)(2) of this section, without regard to the use of respirators.(2) Access to regulated areas shall be limited to authorized persons.(f) Methods of Compliance. Employee exposures to vinyl chloride shall be controlled to at or below the permissible exposure limit provided in paragraph (c) of this section by engineering, work practice, and personal protective controls as follows: (1) Feasible engineering and work practice controls shall immediately be used to reduce exposures to at or below the permissible exposure limit.(2) Wherever feasible engineering and work practice controls which can be instituted immediately are not sufficient to reduce exposures to at or below the permissible exposure limit, they shall nonetheless be used to reduce exposures to the lowest practicable level, and shall be supplemented by respiratory protection in accordance with paragraph (g) of this section. A program shall be established and implemented to reduce exposures to at or below the permissible exposure limit, or to the greatest extent feasible, solely by means of engineering and work practice controls, as soon as feasible.(3) Written plans for such a program shall be developed and furnished upon request for examination and copying to the Chief of the Division of Industrial Safety or the Director of the Department of Health or their authorized representatives. Such plans shall be updated at least every six months.(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.(2) Respirator program. The employer must implement a respiratory protection program in accordance with section 5144 (b) through (d) (except (d)(1)(C), and (d)(3)(C)2.a. and b.), and (f) through (m).(3) Respirator selection. (A) The appropriate respirators shall be selected, and provided to employees, as specified in Section 5144(d)(3)(A)1:(B) Employers shall provide an organic vapor cartridge that has a service life of at least one hour when using a chemical cartridge respirator at vinyl chloride concentrations up to 10 ppm.(C) Employers shall select a canister that has a service life of at least four hours when using a powered air-purifying respirator having a hood, helmet, or full or half facepiece, or a gas mask with a front- or back-mounted canister, at vinyl chloride concentrations up to 25 ppm.(h) Hazardous Operations. (1) Employees engaged in hazardous operations, including entry of vessels to clean polyvinyl chloride residue from vessel walls, shall be provided and required to wear and use: (A) Respiratory protection in accordance with paragraphs (c) and (g) of this section; and(B) Protective garments to prevent skin contact with liquid vinyl chloride or with polyvinyl chloride residue from vessel walls. The protective garments shall be selected for the operation and its possible exposure conditions.(2) Protective garments shall be provided clean and dry for each use.(i) Emergency Situations. A written operational plan for emergency situations shall be developed for each facility storing, handling, or otherwise using vinyl chloride as a liquid or compressed gas. Appropriate portions of the plan shall be implemented in the event of an emergency. The plan shall specifically provide that: (1) Employees engaged in hazardous operations or correcting situations of existing hazardous releases shall be equipped as required in paragraph (h) of this section.(2) Other employees not so equipped shall evacuate the area and not return until conditions are controlled by the methods required in paragraph (f) of this section and the emergency is abated.(j) Training. Each employee engaged in vinyl chloride or polyvinyl chloride operations shall be provided training in a program relating to the hazards of vinyl chloride and precautions for its safe use.(1) The program shall include:(A) The nature of the health hazard from chronic exposure to vinyl chloride including specifically the carcinogenic hazard;(B) The specific nature of operations which could result in exposure to vinyl chloride in excess of the permissible limit and necessary protective steps;(C) The purpose for, proper use, and limitations of respiratory protective devices;(D) The fire hazard and acute toxicity of vinyl chloride, and the necessary protective steps;(E) The purpose for and a description of the monitoring program;(F) The purpose for and a description of the medical surveillance program;(G) Emergency procedures;(H) Specific information to aid the employee in recognition of conditions which may result in the release of vinyl chloride; and(I) A review of this standard at the employee's first training and indoctrination program, and annually thereafter.(2) All materials relating to the program shall be provided upon request to the Chief of the Division of Industrial Safety or the Director of the Department of Health or their authorized representatives.(k) Medical Surveillance. A program of medical surveillance shall be instituted for each employee exposed, without regard to the use of respirators, to vinyl chloride in excess of the action level. The program shall provide each such employee with an opportunity for examinations and tests in accordance with this paragraph. All medical examinations and procedures shall be performed by or under the supervision of a licensed physician, and shall be provided without cost to the employee. (1) At the time of initial assignment, or upon institution of medical surveillance:(A) A general physical examination shall be performed, with specific attention to detecting enlargement of the liver, spleen or kidneys, or dysfunction in these organs, and for abnormalities in skin, connective tissues, and the pulmonary system. (See Appendix A.)(B) A medical history shall be taken including the following topics: 2. Past history of hepatitis;3. Work history and past exposure to potential hepato-toxic agents, including drugs and chemicals;4. Past history of blood transfusions; and5. Past history of hospitalizations.(C) A serum specimen shall be obtained and determinations made of: 3. Serum glutamic oxalacetic transaminase (SGOT);4. Serum glutamic pyruvic transaminase (SGPT); and5. Gamma glutamyl transpeptidase.(2) Examinations provided in accordance with this paragraph shall be performed at least: (A) Every 6 months for each employee who has been employed in vinyl chloride or polyvinyl chloride manufacturing for 10 years or longer; and(B) Annually for all other employees.(3) Each employee exposed to an emergency shall be afforded appropriate medical surveillance.(4) A statement of each employee's suitability for continued exposure to vinyl chloride including use of protective equipment and respirators, shall be obtained from the examining physician promptly after any examination. A copy of the physician's statement shall be provided each employee.(5) If any employee's health would be materially impaired by continued exposure, such employee shall be withdrawn from possible contact with vinyl chloride.(6) Laboratory analyses for all biological specimens included in medical examinations shall be performed in laboratories licensed under Division 2, Chapter 3 of the California Business and Professions Code, or 42 CFR Part 74.(7) If the examining physician determines that alternative medical examinations to those required by paragraph (k)(1) of this section will provide at least equal assurance of detecting medical conditions pertinent to the exposure to vinyl chloride, the employer may accept such alternative examinations as meeting the requirements of paragraph (k)(1) of this section, if the employer obtains a statement from the examining physician setting forth the alternative examinations and the rationale for substitution. This statement shall be available upon request for examination and copying to authorized representatives of the Chief of the Division of Occupational Safety and Health or the Director of the Department of Health.(l) Communication of Hazards. (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 vinyl chloride and polyvinyl chloride.(B) In classifying the hazards of vinyl chloride at least the following hazards are to be addressed: Cancer; central nervous system effects; liver effects; blood effects; and flammability.(C) Employers shall include vinyl chloride 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 vinyl chloride and to safety data sheets, and is trained in accordance with the requirements of HCS and paragraph (j) of this section.(2) Signs. (A) The employer shall post entrances to regulated areas with legible signs bearing the legend: DANGER
VINYL CHLORIDE
MAY CAUSE CANCER
AUTHORIZED PERSONNEL ONLY
(B) The employer shall post signs at areas containing hazardous operations or where emergencies currently exist. The signs shall be legible and bear the legend: DANGER
VINYL CHLORIDE
MAY CAUSE CANCER
WEAR RESPIRATORY PROTECTION
AND PROTECTIVE CLOTHING IN THIS AREA
AUTHORIZED PERSONNEL ONLY
(C) Prior to June 1, 2016, employers may use the following legend in lieu of that specified in paragraph (l)(2)(A) of this section: CANCER-SUSPECT AGENT AREA
AUTHORIZED PERSONNEL ONLY
(D) Prior to June 1, 2016, employers may use the following legend in lieu of that specified in paragraph (l)(2)(B) of this section: CANCER-SUSPECT AGENT IN THIS AREA
PROTECTIVE EQUIPMENT REQUIRED
AUTHORIZED PERSONNEL ONLY
(3) Labels. (A) In addition to the other requirements in this paragraph (l), the employer shall ensure that labels for containers of polyvinyl chloride resin waste from reactors or other waste contaminated with vinyl chloride are legible and include the following information: CONTAMINATED WITH VINYL CHLORIDE
MAY CAUSE CANCER
(B) Prior to June 1, 2015, employers may include the following information on labels of containers of polyvinyl chloride resin waste from reactors or other waste contaminated with vinyl chloride in lieu of the labeling requirements in paragraphs (l)(3)(A) of this section: CONTAMINATED WITH VINYL CHLORIDE
CANCER-SUSPECT AGENT
(4) Prior to June 1, 2015, employers may include the following information for containers of polyvinyl chloride in lieu of the labeling requirements in paragraph (l)(1)(A) of this section: POLYVINYL CHLORIDE (OR TRADE NAME)
Contains
VINYL CHLORIDE
VINYL CHLORIDE IS A CANCER-SUSPECT AGENT
(5)(A) Prior to June 1, 2015, employers may include either the following information in either paragraph (l)(5)(A) or (l)(5)(B) of this section on containers of vinyl chloride in lieu of the labeling requirements in paragraph (l)(1)(A) of this section: VINYL CHLORIDE
EXTREMELY FLAMMABLE GAS UNDER PRESSURE
CANCER-SUSPECT AGENT
(B) In accordance with 49 CFR Parts 170-189, with the additional legend applied near the label or placard: CANCER-SUSPECT AGENT
(6) No statement shall appear on or near any required sign, label or instruction which contradicts or detracts from the effect of, any required warning, information or instruction.(m) Records. (1) All records maintained in accordance with this section shall include the name and social security number of each employee where relevant.(2) Records of required monitoring and measuring and medical records shall be provided upon request to employees, designated representatives, and authorized representatives of the Division of Occupational Safety and Health in accordance with Section 3204. These records shall also be provided upon request to the Director, National Institute for Occupational Safety and Health. (A) Monitoring and measuring records shall: 1. State the date of such monitoring and measuring and the concentrations determined and identify the instruments and methods used;2. Include any additional information necessary to determine individual employee exposures where such exposures are determined by means other than individual monitoring of employees; and3. Be maintained for not less than 30 years.(B) Medical records shall be maintained for the duration of the employment of each employee plus 20 years, or 30 years, whichever is longer.(3) In the event that the employer ceases to do business and there is no successor to receive and retain his records for the prescribed period, these records shall be transmitted by registered mail to the Director, National Institute for Occupational Safety and Health, 5600 Fisher Lane, Rockville, Maryland 20852, and each employee individually notified in writing of this transfer. The employer shall also comply with any additional requirements involving the transfer of records set forth in Section 3204.(n) Reports. See section 5203.Cal. Code Regs. Tit. 8, § 5210
1. New subsection (n)(1)(C), (n)(4), (n)(5) and (o) filed 6-1-77; effective thirtieth day thereafter (Register 77, No. 23). For prior history, see Register 75, No. 29.
2. Editorial correction to history note (Register 79, No. 10).
3. Amendment of subsections (e)(2) and (m)(2) filed 1-17-80; effective thirtieth day thereafter (Register 80, No. 3).
4. Amendment of subsection (m) filed 3-20-81; effective thirtieth day thereafter (Register 81, No. 12).
5. Editorial correction of subsections (k)(7) and (n) filed 3-3-83 (Register 83, No. 10).
6. Amendment of former subsections (g)(1)-(g)(5)(B) including subsection renumbering and relettering resulting in newly designated subsections (g)(1)-(g)(3)(C) filed 8-25-98; operative 11-23-98 (Register 98, No. 35).
7. Amendment of subsection (n), repealer of subsections (n)(1)-(5) and amendment of NOTE filed 7-6-99; operative 8-5-99 (Register 99, No. 28).
8. New subsection (d)(6) filed 7-28-2005; operative 7-28-2005. Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(3) (Register 2005, No. 30).
9. Amendment of subsection (g)(3)(A), repealer and new subsection (g)(3)(B), repealer of subsections (g)(3)(B)1.-2. and repealer and new subsection (g)(3)(C) 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).
10. Amendment of subsection (l) and subsections therein 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).
11. Amendment of subsection (l) and subsections therein 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).
12. Repealer of 11-6-2013 order by operation of law 5-6-2014 pursuant to Labor Code 142.3 (Register 2014, No. 19).
13. Amendment of subsection (l) and subsections therein 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(d), 9009, 9020, 9030, 9031 and 9040, Labor Code.
1. New subsection (n)(1)(C), (n)(4), (n)(5) and (o) filed 6-1-77; effective thirtieth day thereafter (Register 77, No. 23). For prior history, see Register 75, No. 29.
2. Editorial correction to history note (Register 79, No. 10).
3. Amendment of subsections (e)(2) and (m)(2) filed 1-17-80; effective thirtieth day thereafter (Register 80, No. 3).
4. Amendment of subsection (m) filed 3-20-81; effective thirtieth day thereafter (Register 81, No. 12).
5. Editorial correction of subsections (k)(7) and (n) filed 3-3-83 (Register 83, No. 10).
6. Amendment of former subsections (g)(1)-(g)(5)(B) including subsection renumbering and relettering resulting in newly designated subsections (g)(1)-(g)(3)(C) filed 8-25-98; operative 11-23-98 (Register 98, No. 35).
7. Amendment of subsection (n), repealer of subsections (n)(1)-(5) and amendment of Note filed 7-6-99; operative 8-5-99 (Register 99, No. 28).
8. New subsection (d)(6) filed 7-28-2005; operative 7-28-2005. Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(3) (Register 2005, No. 30).
9. Amendment of subsection (g)(3)(A), repealer and new subsection (g)(3)(B), repealer of subsections (g)(3)(B)1.-2. and repealer and new subsection (g)(3)(C) 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).
10. Amendment of subsection (l) and subsections therein 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).
11. Amendment of subsection (l) and subsections therein 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).
12. Repealer of 11-6-2013 order by operation of law 5-6-2014 pursuant to Labor Code 142.3 (Register 2014, No. 19).
13. Amendment of subsection (l) and subsections therein filed 5-5-2014; operative 5/6/2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 19).