Section 5219 - Ethylene Dibromide (Edb)(a) Scope and Application. (1) This section establishes requirements for the control of employee exposure to ethylene dibromide (EDB) including exposures which may result after EDB use as a fumigant. Because of the higher risk of harm due to exposure above the permissible exposure limit, noncompliance with subsections (c), (e) through (j), and (m) constitutes a real and apparent hazard.(2) This section applies to the manufacture, reaction, packaging, repackaging, storage, transportation, distribution, sale, handling and use of ethylene dibromide.(3) This section does not apply to the storage, transportation, distribution or sale of EDB in intact containers sealed in such a manner as to prevent the release of EDB vapor or liquid except for the following provisions: (A) Notification of use and emergencies (subsection (d));(B) Emergency Procedures (subsection (i));(C) Training (subsection (j)); and(D) Posting and notification of shipment (subsection (j)).(4) This section, with the exception of subsection (c), Permissible Exposure Limit, does not apply to: (A) The distribution, storage, bulk handling, or use of leaded fuel; NOTE: This section applies to the entering of leaded fuel storage tanks.
(B) The handling and storage of EDB-treated materials at or between wholesale and retail establishments provided the requirements of subsection (n), Receipt of EDB-Treated Materials, have been met;(C) Liquid mixtures that contain less than 0.01% EDB by weight or volume.(5) This section does not apply to the use of EDB by pest control applicators who are regulated by the California Department of Food and Agriculture. Employees who may be exposed to EDB as a result of the activities of such applicators are covered by this section.(6) The provisions of this section are subject to the requirements of the Occupational Carcinogens Control Act of 1976 (Health and Safety Code, Division 20, Chapter 2).(b) Definitions. Action level. An 8-hour time-weighted average concentration of 15 parts of EDB per billion parts of air by volume (ppb) but not exceeding 130 ppb over any 15-minute period.
Chief. Chief of the Division of Occupational Safety and Health, P.O Box 420603, San Francisco, CA 94142.
First receiver. A retail warehouse, wholesale establishment, or container freight station where any portion of a shipment of EDB-treated material is first unloaded in California.
EXCEPTION: The handling of sealed intermodal containers.
Shipping container. The smallest unit into which EDB-treated materials are packaged for distribution in commerce in California, for example, a box, crate, or pallet.
Supplier. The shipper or shipper's agent who arranges for shipment of treated materials between the point of treatment and the first receiver under the requirements of (m), Receipt of EDB-Treated Materials.
(c) Permissible Exposure Limit (PEL).(1) Inhalation. The employer shall assure that no employee is exposed to a concentration of airborne EDB in excess of 130 parts of EDB per billion parts of air by volume (ppb) as an 8-hour, time-weighted average (TWA), and in excess of a ceiling concentration of airborne EDB of 130 ppb, as measured over a 15-minute period.(2) Dermal and Eye Exposure. The employer shall assure that no employee is exposed to eye or skin contact with liquid EDB or liquid mixtures containing greater than 0.1% EDB by weight.(d) Reporting of Use and Emergencies. See section 5203.(e) Exposure Monitoring. (1) General. (A) Determinations of exposure levels shall be made from air samples that are representative of each employee's 8-hour time-weighted average and peak exposure to airborne EDB.(B) For the purpose of this subsection, employee exposure is that exposure which would occur if the employee were not using a respirator.(2) Initial. Each employer who has a place of employment in which EDB is present shall monitor each such workplace and work operation to accurately determine the 8-hour time-weighted average and peak concentrations of airborne EDB to which employees may be exposed. Such monitoring shall be conducted as soon as possible but not later than 30 days following the effective date of this section or within 30 days following the initial introduction of EDB into the workplace.(3) Frequency. (A) If monitoring required by this section reveals employee exposures to be below the action level, no additional monitoring of such employees is necessary other than as required by paragraph (e)(4).(B) If the monitoring required by this section reveals employee exposures to be below the permissible exposure limit, but at or above the action level, the employer shall repeat exposure measurements representative of each such employee's exposure at least quarterly. The employer shall continue quarterly monitoring until at least two consecutive measurements taken at least seven (7) days apart are below the action level.(C) If the monitoring required by this section reveals employee exposures to be in excess of the permissible exposure limit, the employer shall repeat exposure measurements representative of each such employee at least monthly. The employer shall continue monthly monitoring until at least two consecutive measurements, taken at least seven (7) days apart, are below the permissible exposure limit. Thereafter the employer shall monitor as required by paragraphs (e)(3) and (e)(4).(4) Additional. Whenever there has been a production, process, or engineering control change or leak or spill which may result in any new or additional exposure to EDB, or whenever the employer has any reason to suspect new or additional exposures to EDB, the employer shall monitor the employees potentially affected by such change for the purpose of redetermining their exposure. Monitoring shall be conducted as soon as possible but not later than 15 days after the change. Subsequent monitoring shall be in accordance with paragraph (e)(3).(5) Employee Notification. (A) Within five (5) working days after the receipt of monitoring results, the employer shall notify each employee in writing, through conspicuous posting or through letter, of the monitoring results which represent the employee's exposure. Posting shall be for at least 30 days.(B) Whenever the results indicate that employee exposure exceeds the permissible exposure limit, the employer shall include in the written notice a statement that the permissible exposure limit was exceeded and a description of the corrective action being taken to reduce exposure to or below the permissible exposure limit.(6) Accuracy of Measurement. The employer shall use NIOSH Method No. P&CAM 260 or a method of equivalent accuracy.(f) Methods of Compliance. Where employee exposure exceeds the limits specified in subsection (c), exposure shall be controlled by the following methods: (1) Feasible engineering and work practice controls shall immediately be used to reduce exposures.(2) Where engineering controls are not feasible to control employee exposure within the limits specified in subsection (c), or during the time such controls are being implemented, worker exposure shall be controlled by administrative and work practice controls, and by appropriate personal protective equipment as described in (g) and (h).(g) Protective Clothing and Equipment. (1) Provision and Use. Where there is a possibility of eye or skin contact with liquid EDB or liquid mixtures containing greater than 0.1% EDB by weight, the employer shall provide at no cost to the employee, and require that the employee wears, resistant protective clothing and equipment to protect the area of the body which may come into such contact with EDB. Eye and face protection and protective clothing and equipment shall comply with the requirements of Sections 3380, 3382 and 3384 of the General Industry Safety Orders.(2) Removal and Storage. (A) The employer shall require that employees promptly remove any protective equipment and clothing which becomes contaminated with EDB-containing liquids. This clothing and equipment shall not be reworn until it has been decontaminated.(B) The employer shall assure that EDB-contaminated protective devices and work clothing shall be placed and stored in containers which prevent dispersion of the EDB into the workplace.(C) The employer shall assure that containers of EDB-contaminated protective devices or work clothing shall bear labels with the following information: CONTAMINATED WITH Ethylene Dibromide (EDB)
MAY CAUSE CANCER
MAY DAMAGE FERTILITY OR THE UNBORN CHILD
(3) Cleaning and Replacement.(A) The employer shall clean, launder, repair, or replace protective clothing and equipment required by this section to maintain their effectiveness. The employer shall provide uncontaminated protective clothing and equipment to each affected employee as required.(B) The employer shall inform any person who launders or cleans EDB-contaminated protective clothing or equipment of the potentially harmful effects of exposure to EDB.(h) Respiratory Protection. Where respiratory protection is required in subsection (f), or during emergencies, respiratory protection shall be provided and used in accordance with General Industry Safety Order 5144 and the following table: | CONCENTRATIONS OF AIRBORNE EDB OR CONDITION OF USE | RESPIRATOR TYPE1 |
| |
| (A) Not greater than 0.130 ppm (130 ppb) | Respirators not required. |
| (B) Not greater than 1.3 ppm. (1300 ppb) | 1. Any supplied-air respirator; or |
| 2. Any self-contained breathing apparatus. |
| (C) Not greater than 6.5 ppm. (6500 ppb) | 1. Any supplied-air respirator with full facepiece, helmet, or hood; or |
| 2. Any self-contained breathing apparatus with full facepiece. |
| (D) Not greater than 130 ppm. (130,000 ppb) | A Type C supplied-air respirator operated in pressure-demand or the positive pressure or continuous flow mode. |
| (E) Not greater than 260 ppm. (260,000 ppb) | A Type C supplied-air respirator with full facepiece operated inpressure-de mand or other positive pressure mode, or with full face-piece, helmet, or hood oper ated in continuous flow mode. |
| (F) Greater than 260 ppm or entry and escape from unknown concentrations. | 1.A combination respirator which includes a Type C supplied-air respirator with full facepiece operated in pressure-demand or other positive pressure or continuous flow mode and an auxiliary self-contained breathing apparatus operated in pressure-demand or positive pressure mode; or |
| 2. A self-contained breathing apparatus with full facepiece operated in pressure-demand mode. |
| (G) Firefighting | A self-contained breathing apparatus with full facepiece operated in pressure demand mode. |
| __________ |
1 Respirators specified for high concentrations can be used for lower concentrations of EDB.
(i) Emergency Procedures. (1) Skin or Eye Contact. When skin or eye contact with liquid EDB or liquid mixtures containing greater than 0.1% EDB by weight occurs, the employer shall assure that affected employees immediately flush contaminated eyes with water for 15 minutes and remove all contaminated clothing and shoes and flush contaminated skin with water. Appropriate medical treatment shall be provided. EXCEPTION: For skin contact with liquid mixtures containing EDB, an appropriate cleaning agent may precede a flush with water.
NOTE: For proper selection, installation, and maintenance of emergency wash facilities, consult American National Standards Institute (ANSI) Z358.1-1981.
(2) Written Procedures. Each facility that stores, handles, or otherwise uses liquid EDB or liquid mixtures containing greater than 0.1% EDB by weight shall develop and implement as necessary, a written operation plan such that:(A) Employees engaged in correcting emergency situations are protected in accordance with this section;(B) Employees not engaged in correcting emergency situations are evacuated from areas of potential overexposure;(C) Employees who have eye or skin contact with EDB are decontaminated and given treatment in accordance with paragraph (1) above, and;(D) Employees who may have inhaled airborne EDB at concentrations greater than the permissible exposure limit are directed to and provided appropriate medical treatment and offered annual medical examinations.(j) Communication of EDB hazards to employees.(1) Hazard communication -- general.(A) Chemical manufacturers, importers, distributors and employers shall co-ply with all requirements of the Hazard Communication Standard (HCS) (Section 5194) for EDB.(B) In classifying the hazards of EDB at least the following hazards are to be addressed: Cancer; reproductive effects; liver effects; kidney effects; skin, eye and respiratory tract irritation; and acute toxicity effects.(C) Employers shall include EDB 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 EDB and to safety data sheets, and is trained in accordance with the requirements of HCS and paragraph (j)(4).(D) The employer shall ensure that no statement appears on or near any sign or label required by this paragraph (j) which contradicts or detracts from the meaning of the required sign or label.(2) Warning Signs.(A) The employer shall post signs to clearly indicate areas where employee exposure may exceed the action level or where liquid EDB or mixtures of greater than 0.1% EDB by weight are transferred or stored. These signs shall bear the following legend in both Spanish and English:
DANGER
ETHYLENE DIBROMIDE
MAY CAUSE CANCER MAY DAMAGE FERTILITY OR THE UNBORN CHILD
PELIGRO
ETHYLENE DIBROMIDE
RIESGO DE CANCER
PUEDE REDUCIR LA FERTILIDAD O PUEDE DAÑAR AL FETO
(B) Prior to June 1, 2016, employers may use the following legend in lieu of that specified in paragraph (j)(2) of this section: DANGER
ETHYLENE DIBROMIDE
CANCER HAZARD
MAY CAUSE STERILITY IN MALES
For instructions concerning safe work practices, contact your employer.
PELIGRO
ETHYLENE DIBROMIDE
RIESGO DE CANCER
PUEDE CAUSAR ESTERILIDAD A LOS HOMBRES
Pida a su patron instrucciones para seguridad en el trabajo.
(C) Intermodal containers containing EDB-treated materials received at marine terminals shall be conspicuously posted at the door end with a notice equivalent to (j)(2)(A) or the Notification of Shipment required by (j)(3).(3) Notification of Shipment. All employers shipping or handling material treated with EDB shall provide the recipient of the material with a written notice informing the recipient that the material was treated with EDB and the date of treatment. The notice shall be provided prior to any handling of the treated material by the recipient.(4) Information and Training. (A) Each employee who may be exposed at or above the action level regardless of respirator use or work practice, and all employees subject to skin or eye contact with liquid EDB or liquid mixtures containing greater than 0.1% EDB by weight shall be provided a training and education program relating to the hazards of EDB and precautions for its safe use. The employer shall provide initial training prior to working with EDB and at least annually thereafter. The training shall be appropriate to the jobs to which the worker is assigned and presented in a language the employee understands.(B) The training program shall include and cover:1. A Safety Data Sheet on EDB or the EDB-containing mixture; NOTE: An SDS for the chemical or pesticide may be obtained from the manufacturer or seller.2. Safe work practices on EDB;3. The purpose for, proper use, and limitations of respiratory protective devices, if such devices are required;4. The purpose for, proper use, and limitations of personal protective clothing and equipment, if such clothing and equipment are required;5. The purpose for and a description of the medical surveillance program, if one is required;6. Emergency procedures as required by subsection (i);7. The interaction of disulfiram (Antabuse) and similar compounds with EDB; and8. Section 5219, including employee rights granted by paragraphs (a)(1) and (e)(5).9. In addition, for uses of EDB as a pesticide, a copy and discussion of the Hazard Evaluation System and Information Service (HESIS) Hazard Alert on EDB. NOTE: The Hazard Alert is available in both English and Spanish from the Hazard Evaluation System and Information Service (HESIS), California Department of Public Health, 850 Marina Bay Parkway, Building P, 3rd Floor, Richmond, CA 94804, (866) 627-1586.
(k) Recordkeeping. The employer shall establish and maintain an accurate record of all monitoring and medical surveillance required by this section, allow employee access to all such records, and otherwise conform to the requirements set forth in General Industry Safety Order 3204.(l) Medical Surveillance. A medical surveillance program shall be provided for employees assigned to areas where exposure monitoring required by (e) indicates employees will be exposed at or above the action level. The comprehensive medical examination shall include but not be limited to: (1) Preassignment and annual examinations.(2) The employee's personal, reproductive, and family history insofar as these are related to pertinent genetic, occupational, and environmental factors.(3) A consideration by the physician of whether factors exist which would predispose the employee to increased risk, such as reduced immunological competence, treatment with steroids or cytotoxic agents, pregnancy, and cigarette smoking.(4) The examining physician shall be provided with:(A) The HESIS Hazard Alert or SDS.(B) A copy of Section 5219, and(C) Information on the interaction of disulfiram (Antabuse R) and similar compounds with EDB.(5) Employee medical records shall be retained in accordance with Section 3204.(m) Receipt of EDB-Treated Materials. (1) First receivers or suppliers on their behalf shall submit a written application to the Chief for approval which shall include, but not be limited to, the following: (A) A written plan for packaging and shipping EDB-treated material which will result in exposures of 15 ppb or less over a maximum 30-minute period to employees off-loading such material.(B) Measurements of airborne levels of EDB taken in the operator's breathing zone demonstrating that exposure to employees will be as specified in (A) for all shipments. Sampling data shall include: 1. Test results for shipments treated with EDB on three different days within one month of the start of treatment each season, if applicable; and2. One test on any representative shipment per month thereafter.(C) A plan to make copies of the Appendix available to employees off-loading treated materials.(2) The supplier shall provide the first receiver with a written notice that the material was treated with EDB and the date of treatment. The notice shall be provided prior to any handling of the treated material by the recipient.(3) Where the first receiver consolidates EDB-treated materials into intermodal containers, he shall provide the recipient of the intermodal container with a written notice that the material was treated with EDB and the date of treatment. The notice shall be provided prior to any handling of the intermodal container by the recipient.(4) Shipping containers shall be clearly labeled in 10 point type or larger as follows: This produce has been fumigated with Ethylene Dibromide (EDB) for the control of fruit fly infestation. Procedures approved by Cal/OSHA have been undertaken by the supplier to assure safe exposure levels at this workplace. For further information contact your employer, Cal/OSHA Consultation Service at 1-800-963-9424, or your local Cal/OSHA office.
(5) Where the first receiver consolidates EDB-treated materials into intermodal containers, the first receiver shall clearly label the container at the door end with a notice equivalent to that in (m)(3) or the Notification of Shipment required by (j)(3).(6) In addition to procedures outlined in the shipping plan, (m)(1)(A), trucks hauling materials between treatment and the first receiver shall have:(A) Trailer vents opened, forward and rear, during the last two hours in transit; and(B) Trailer doors opened upon arrival.(7) Failure by suppliers to comply with subsection (m) subjects first receivers, upon notice by the Division, to the full requirements of this section. Appendix
Information for Persons Handling Fresh Produce and Other Materials Treated with Ethylene Dibromide (EDB)
The cartons you will be handling contain fruit that has been fumigated with Ethylene Dibromide (EDB). Fumigation with EDB is done only when it is required by law to prevent the spread of fruit flies that lay eggs on citrus fruit, mangos, and papayas. High concentrations of EDB cause cancer and reproductive problems in animals. Even though these effects have not been seen in humans, special precautions, required by law, have been undertaken to make sure you are exposed to only very low levels of this chemical.
The shipper of this fumigated fruit has applied to the California Division of Occupational Safety and Health (Cal/OSHA) with his plan to pack and ship fruit assuring that when it is unloaded, only trace amounts of EDB will remain in the trailer or shipping container. Cal/OSHA regulations require that truck trailer vents be opened the last two hours on the road and the trailer doors be opened upon arrival.
Fruit shipments handled according to Cal/OSHA's requirements are safe to unload and will have a notice on each carton to confirm this. If you want more information you should consult your employer or call Cal/OSHA (Toll Free) at 1-800-652-1476.
Cal. Code Regs. Tit. 8, § 5219
1. New section filed 8-4-81 as an emergency; effective upon filing (Register 81, No. 33).
2. Order of Repeal of 8-4-81 emergency order filed 8-13-81 by OAL pursuant to Government Code section 11349.6 (Register 81, No. 33).
3. New section filed 9-23-81 as an emergency; effective upon filing (Register 81, No. 41). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 1-21-82.
4. Certificate of Compliance including amendment transmitted to OAL 1-21-82 and filed 2-19-82; effective thirtieth day thereafter (Register 82, No. 8).
5. Editorial correction of subsection (i)(2)(B) (Register 82, No. 14).
6. Amendment filed 6-6-84; effective thirtieth day thereafter (Register 84, No. 23).
7. Change without regulatory effect of NOTE filed 2-14-86; effective thirtieth day thereafter (Register 86, No. 7).
8. 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).
9. Amendment of subsection (d), repealer of subsections (d)(1)-(3) and amendment of NOTE filed 7-6-99; operative 8-5-99 (Register 99, No. 28).
10. 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(d), 9009, 9020, 9030, 9031 and 9040, Labor Code.
1. New section filed 8-4-81 as an emergency; effective upon filing (Register 81, No. 33).
2. Order of Repeal of 8-4-81 emergency order filed 8-13-81 by OAL pursuant to Government Code section 11349.6 (Register 81, No. 33).
3. New section filed 9-23-81 as an emergency; effective upon filing (Register 81, No. 41). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 1-21-82.
4. Certificate of Compliance including amendment transmitted to OAL 1-21-82 and filed 2-19-82; effective thirtieth day thereafter (Register 82, No. 8).
5. Editorial correction of subsection (i)(2)(B) (Register 82, No. 14).
6. Amendment filed 6-6-84; effective thirtieth day thereafter (Register 84, No. 23).
7. Change without regulatory effect of NOTE filed 2-14-86; effective thirtieth day thereafter (Register 86, No. 7).
8. 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).
9. Amendment of subsection (d), repealer of subsections (d)(1)-(3) and amendment of Note filed 7-6-99; operative 8-5-99 (Register 99, No. 28).
10. Amendment filed 5-5-2014; operative 5/6/2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 19).