California Code of Regulations, Title 8, Section 1529. Asbestos PDF

6/12/23, 10:36 AM California Code of Regulations, Title 8, Section 1529. Asbestos. (F) Training for employees performing Class IV operations shall be consistent with EPA requirements for training of local education agency maintenance and custodial staff as set forth at 40 CFR 763.92(a)(1). Such a...

6/12/23, 10:36 AM California Code of Regulations, Title 8, Section 1529. Asbestos. (F) Training for employees performing Class IV operations shall be consistent with EPA requirements for training of local education agency maintenance and custodial staff as set forth at 40 CFR 763.92(a)(1). Such a course shall include available information concerning the locations of thermal system insulation and surfacing ACM/PACM, and asbestos-containing flooring material, or flooring material where the absence of asbestos has not yet been certified; and instruction in recognition of damage, deterioration, and delamination of asbestos containing building materials. Such course shall take at least 2 hours. (G) Training for employees who are likely to be exposed in excess of the PEL and who are not otherwise required to be trained under subsections (k)(9)(C) through (F) of this section, shall meet the requirements of subsection (k)(9)(H) of this section. (H) The training program shall be conducted in a manner that the employee is able to understand. In addition to the content required by provisions in subsections (k)(9)(C) through (F) of this section, the employer shall ensure that each such employee is informed of the following: 1. Methods of recognizing asbestos, including the requirement in subsection (k)(1) of this section to presume that certain building materials contain asbestos; 2. The health effects associated with asbestos exposure; 3. The relationship between smoking and asbestos in producing lung cancer; 4. The nature of operations that could result in exposure to asbestos, the importance of necessary protective controls to minimize exposure including, as applicable, engineering controls, work practices, respirators, housekeeping procedures, hygiene facilities, protective clothing, decontamination procedures, emergency procedures, and waste disposal procedures, and any necessary instruction in the use of these controls and procedures where Class III and IV work will be or is performed, the contents of EPA 20T-2003, "Managing Asbestos In-Place" July 1990 or its equivalent in content; 5. The purpose, proper use, fitting instructions, and limitations of respirators as required by Section 5144; 6. The appropriate work practices for performing the asbestos job; 7. Medical surveillance program requirements; 8. The content of this standard including appendices; 9. 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 J to this section, to comply with this requirement; and 10. The requirements for posting signs and affixing labels and the meaning of the required legends for such signs and labels. (10) Access to training materials. (A) The employer shall make readily available to affected employees without cost, written materials relating to the employee training program, including a copy of this regulation. (B) The employer shall provide to the Chief and the Director, upon request, all information and training materials relating to the employee information and training program. (C) 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 https://www.dir.ca.gov/title8/1529.html 26/37 6/12/23, 10:36 AM California Code of Regulations, Title 8, Section 1529. Asbestos. Publication No. 89-1647, or equivalent self-help material, which is approved or published by a public health organization listed in Appendix J to this section. (l) Housekeeping. (1) Vacuuming. Where vacuuming methods are selected, HEPA filtered vacuuming equipment must be used. The equipment shall be used and emptied in a manner that minimizes the reentry of asbestos into the workplace. (2) Waste disposal. Asbestos waste, scrap, debris, bags, containers, equipment, and contaminated clothing consigned for disposal shall be collected and disposed of in sealed, labeled, impermeable bags or other closed, labeled, impermeable containers except in roofing operations, where the procedures specified in subsection (g)(8)(B) of this section apply. (3) Care of asbestos-containing flooring material. (A) All vinyl and asphalt flooring material shall be maintained in accordance with this subsection unless the building/facility owner demonstrates, pursuant to subsection (g)(8)(A)9. of this section that the flooring does not contain asbestos. (B) Sanding of flooring material is prohibited. (C) Stripping of finishes shall be conducted using low abrasion pads at speeds lower than 300 rpm and wet methods. (D) Burnishing or dry buffing may be performed only on flooring which has sufficient finish so that the pad cannot contact the flooring material. (4) Waste and debris and accompanying dust in an area containing accessible thermal system insulation or surfacing ACM/PACM or visibly deteriorated ACM: (A) shall not be dusted or swept dry, or vacuumed without using a HEPA filter; (B) shall be promptly cleaned up and disposed of in leak tight containers. (m) Medical surveillance. (1) General (A) Employees covered. 1. The employer shall institute a medical surveillance program for all employees who, for a combined total of 30 or more days per year, are engaged in Class I, II and III work or are exposed at or above the permissible exposure limit. For purposes of this paragraph, any day in which a worker engages in Class II or Class III operations or a combination thereof on intact material for one hour or less (taking into account the entire time spent on the removal operation, including cleanup) and, while doing so, adheres fully to the work practices specified in this standard, shall not be counted. 2. For employees otherwise required by this standard to wear a negative pressure respirator, employers shall ensure employees are physically able to perform the work and use the equipment. This determination shall be made under the supervision of a physician. (B) Examination. https://www.dir.ca.gov/title8/1529.html 27/37 6/12/23, 10:36 AM California Code of Regulations, Title 8, Section 1529. Asbestos. 1. The employer shall ensure that all medical examinations and procedures are performed by or under the supervision of a licensed physician, and are provided at no cost to the employee and at a reasonable time and place. 2. Persons other than such 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) Medical examinations and consultations. (A) Frequency. The employer shall make available medical examinations and consultations to each employee covered under subsection (m)(1)(A) of this section on the following schedules: 1. Prior to assignment of the employee to an area where negative- pressure respirators are worn; 2. When the employee is assigned to an area where exposure to asbestos may be at or above the permissible exposure limit for 30 or more days per year, or engage in Class I, II or III work for a combined total of 30 or more days per year, a medical examination must be given within 10 working days following the thirtieth day of exposure; 3. And at least annually thereafter. 4. If the examining physician determines that any of the examinations should be provided more frequently than specified, the employer shall provide such examinations to affected employees at the frequencies specified by the physician. 5. Exception: No medical examination is required of any employee if adequate records show that the employee has been examined in accordance with this subsection within the past 1 year period. 6. Employers shall provide a medical examination at the termination of employment for any employee who has been exposed to airborne concentrations of asbestos at or above the permissible exposure limit and/or excursion limit. The medical examination shall be given within 30 calendar days before or after the date of termination of employment. (B) Content. Medical examinations made available pursuant to subsections (m)(2)(A)1. through (m)(2) (A)3. of this section shall include: 1. A medical and work history with special emphasis directed to the pulmonary, cardiovascular, and gastrointestinal systems. 2. On initial examination, the standardized questionnaire contained in Part 1 of Appendix D to this section, and, on annual examination, the abbreviated standardized questionnaire contained in Part 2 of Appendix D to this section. 3. A physical examination directed to the pulmonary and gastrointestinal systems, including a chest roentgenogram to be administered in accordance with Table 2 below, and pulmonary function tests of forced vital capacity (FVC) and forced expiratory volume at one second (FEV(1)). Interpretation and classification of chest roentgenograms shall be conducted in accordance with Appendix E to this section. TABLE 2 YEARS SINCE https://www.dir.ca.gov/title8/1529.html FREQUENCY OF CHEST X-RAYS AGE OF EMPLOYEE 28/37 6/12/23, 10:36 AM California Code of Regulations, Title 8, Section 1529. Asbestos. FIRST EXPOSURE LESS THAN 40 40 AND OLDER 0-10 EVERY 3 YEARS ANNUALLY* 10+ ANNUALLY* ANNUALLY* *Oblique x-rays need only be performed every 3 years. 4. Any other examinations or tests deemed necessary by the examining physician. (3) 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, E, and I to this section; (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; and (E) Information from previous medical examinations of the affected employee that is not otherwise available to the examining physician. (4) Physician's written opinion. (A) The employer shall obtain a written opinion from the examining physician. This written opinion shall contain the results of the medical examination and shall include: 1. 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; 2. Any recommended limitations on the employee or on the use of personal protective equipment such as respirators; and 3. A statement that the employee has been informed by the physician of the results of the medical examination and of any medical conditions that may result from asbestos exposure. 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. (n) Recordkeeping. (1) Objective data relied on pursuant to subsection (f) to this section. (A) Where the employer has relied on objective data that demonstrates that products made from or containing asbestos or the activity involving such products or material are not capable of releasing fibers of asbestos in concentrations at or above the permissible exposure limit and/or excursion limit under the https://www.dir.ca.gov/title8/1529.html 29/37 6/12/23, 10:36 AM California Code of Regulations, Title 8, Section 1529. Asbestos. expected conditions of processing, use, or handling to satisfy the requirements of subsection (f), 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 information: 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. (2) Exposure measurements. (A) The employer shall keep an accurate record of all measurements taken to monitor employee exposure to asbestos as prescribed in subsection (f) of this section. 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. (B) This record shall include at least the following information: 1. The date of measurement; 2. The operation involving exposure to asbestos that 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 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 of the General Industry Safety Orders. (3) Medical surveillance. (A) The employer shall establish and maintain an accurate record for each employee subject to medical surveillance by subsection (m) of this section, in accordance with Section 3204 of the General Industry Safety Orders. (B) The record shall include at least the following information: 1. The name and social security number of the employee; https://www.dir.ca.gov/title8/1529.html 30/37