[Code of Federal Regulations]
[Title 29, Volume 8]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1926.60]
[Page 68-81]
TITLE 29--LABOR
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT
OF LABOR
PART 1926_SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION--Table of Contents
Subpart D_Occupational Health and Environmental Controls
Sec. 1926.60 Methylenedianiline.
(a) Scope and application. (1) This section applies to all
construction work as defined in 29 CFR 1910.12(b), in which there is
exposure to MDA, including but not limited to the following:
[[Page 69]]
(i) Construction, alteration, repair, maintenance, or renovation of
structures, substrates, or portions thereof, that contain MDA;
(ii) Installation or the finishing of surfaces with products
containing MDA;
(iii) MDA spill/emergency cleanup at construction sites; and
(iv) Transportation, disposal, storage, or containment of MDA or
products containing MDA on the site or location at which construction
activities are performed.
(2) Except as provided in paragraphs (a)(7) and (f)(5) of this
section, this section does not apply to the processing, use, and
handling of products containing MDA where initial monitoring indicates
that the product is not capable of releasing MDA in excess of the action
level under the expected conditions of processing, use, and handling
which will cause the greatest possible release; and where no ``dermal
exposure to MDA'' can occur.
(3) Except as provided in paragraph (a)(7) of this section, this
section does not apply to the processing, use, and handling of products
containing MDA where objective data are reasonably relied upon which
demonstrate the product is not capable of releasing MDA under the
expected conditions of processing, use, and handling which will cause
the greatest possible release; and where no ``dermal exposure to MDA''
can occur.
(4) Except as provided in paragraph (a)(7) of this section, this
section does not apply to the storage, transportation, distribution or
sale of MDA in intact containers sealed in such a manner as to contain
the MDA dusts, vapors, or liquids, except for the provisions of 29 CFR
1910.1200 and paragraph (e) of this section.
(5) Except as provided in paragraph (a)(7) of this section, this
section does not apply to materials in any form which contain less than
0.1% MDA by weight or volume.
(6) Except as provided in paragraph (a)(7) of this section, this
section does not apply to ``finished articles containing MDA.''
(7) Where products containing MDA are exempted under paragraphs
(a)(2) through (a)(6) of this section, the employer shall maintain
records of the initial monitoring results or objective data supporting
that exemption and the basis for the employer's reliance on the data, as
provided in the recordkeeping provision of paragraph (o) of this
section.
(b) Definitions. For the purpose of this section, the following
definitions shall apply:
Action level means a concentration of airborne MDA of 5 ppb as an
eight (8)-hour time-weighted average.
Assistant Secretary means the Assistant Secretary of Labor for
Occupational Safety and Health, U.S. Department of Labor, or designee.
Authorized person means any person specifically authorized by the
employer whose duties require the person to enter a regulated area, or
any person entering such an area as a designated representative of
employees for the purpose of exercising the right to observe monitoring
and measuring procedures under paragraph (p) of this section, or any
other person authorized by the Act or regulations issued under the Act.
Container means any barrel, bottle, can, cylinder, drum, reaction
vessel, storage tank, commercial packaging or the like, but does not
include piping systems.
Decontamination area means an area outside of but as near as
practical to the regulated area, consisting of an equipment storage
area, wash area, and clean change area, which is used for the
decontamination of workers, materials, and equipment contaminated with
MDA.
Dermal exposure to MDA occurs where employees are engaged in the
handling, application or use of mixtures or materials containing MDA,
with any of the following non-airborne forms of MDA:
(i) Liquid, powdered, granular, or flaked mixtures containing MDA in
concentrations greater than 0.1% by weight or volume; and
(ii) Materials other than ``finished articles'' containing MDA in
concentrations greater than 0.1% by weight or volume.
Director means the Director of the National Institute for
Occupational Safety and Health, U.S. Department of
[[Page 70]]
Health and Human Services, or designee.
Emergency means any occurrence such as, but not limited to,
equipment failure, rupture of containers, or failure of control
equipment which results in an unexpected and potentially hazardous
release of MDA.
Employee exposure means exposure to MDA which would occur if the
employee were not using respirators or protective work clothing and
equipment.
Finished article containing MDA is defined as a manufactured item:
(i) Which is formed to a specific shape or design during
manufacture;
(ii) Which has end use function(s) dependent in whole or part upon
its shape or design during end use; and
(iii) Where applicable, is an item which is fully cured by virtue of
having been subjected to the conditions (temperature, time) necessary to
complete the desired chemical reaction.
Historical monitoring data means monitoring data for construction
jobs that meet the following conditions:
(i) The data upon which judgments are based are scientifically sound
and were collected using methods that are sufficiently accurate and
precise;
(ii) The processes and work practices that were in use when the
historical monitoring data were obtained are essentially the same as
those to be used during the job for which initial monitoring will not be
performed;
(iii) The characteristics of the MDA-containing material being
handled when the historical monitoring data were obtained are the same
as those on the job for which initial monitoring will not be performed;
(iv) Environmental conditions prevailing when the historical
monitoring data were obtained are the same as those on the job for which
initial monitoring will not be performed; and
(v) Other data relevant to the operations, materials, processing, or
employee exposures covered by the exception are substantially similar.
The data must be scientifically sound, the characteristics of the MDA
containing material must be similar and the environmental conditions
comparable.
4,4'Methylenedianiline or MDA means the chemical; 4,4'-
diaminodiphenylmethane, Chemical Abstract Service Registry number 101-
77-9, in the form of a vapor, liquid, or solid. The definition also
includes the salts of MDA.
Regulated Areas means areas where airborne concentrations of MDA
exceed or can reasonably be expected to exceed, the permissible exposure
limits, or where ``dermal exposure to MDA'' can occur.
STEL means short term exposure limit as determined by any 15-minute
sample period.
(c) Permissible exposure limits. The employer shall assure that no
employee is exposed to an airborne concentration of MDA in excess of ten
parts per billion (10 ppb) as an 8-hour time-weighted average and a STEL
of one hundred parts per billion (100 ppb).
(d) Communication among employers. On multi-employer worksites, an
employer performing work involving the application of MDA or materials
containing MDA for which establishment of one or more regulated areas is
required shall inform other employers on the site of the nature of the
employer's work with MDA and of the existence of, and requirements
pertaining to, regulated areas.
(e) Emergency situations--(1) Written plan. (i) A written plan for
emergency situations shall be developed for each construction operation
where there is a possibility of an emergency. The plan shall include
procedures where the employer identifies emergency escape routes for his
employees at each construction site before the construction operation
begins. Appropriate portions of the plan shall be implemented in the
event of an emergency.
(ii) The plan shall specifically provide that employees engaged in
correcting emergency conditions shall be equipped with the appropriate
personal protective equipment and clothing as required in paragraphs (i)
and (j) of this section until the emergency is abated.
(iii) The plan shall specifically include provisions for alerting
and evacuating affected employees as well as the applicable elements
prescribed in 29 CFR 1910.38 and 29 CFR 1910.39, ``Emergency action
plans'' and ``Fire prevention plans,'' respectively.
[[Page 71]]
(2) Alerting employees. Where there is the possibility of employee
exposure to MDA due to an emergency, means shall be developed to
promptly alert employees who have the potential to be directly exposed.
Affected employees not engaged in correcting emergency conditions shall
be evacuated immediately in the event that an emergency occurs. Means
shall also be developed for alerting other employees who may be exposed
as a result of the emergency.
(f) Exposure monitoring--(1) General. (i) Determinations of employee
exposure shall be made from breathing zone air samples that are
representative of each employee's exposure to airborne MDA over an eight
(8) hour period. Determination of employee exposure to the STEL shall be
made from breathing zone air samples collected over a 15 minute sampling
period.
(ii) Representative employee exposure shall be determined on the
basis of one or more samples representing full shift exposure for each
shift for each job classification in each work area where exposure to
MDA may occur.
(iii) Where the employer can document that exposure levels are
equivalent for similar operations in different work shifts, the employer
shall only be required to determine representative employee exposure for
that operation during one shift.
(2) Initial monitoring. Each employer who has a workplace or work
operation covered by this standard shall perform initial monitoring to
determine accurately the airborne concentrations of MDA to which
employees may be exposed unless:
(i) The employer can demonstrate, on the basis of objective data,
that the MDA-containing product or material being handled cannot cause
exposures above the standard's action level, even under worst-case
release conditions; or
(ii) The employer has historical monitoring or other data
demonstrating that exposures on a particular job will be below the
action level.
(3) Periodic monitoring and monitoring frequency. (i) If the
monitoring required by paragraph (f)(2) of this section reveals employee
exposure at or above the action level, but at or below the PELs, the
employer shall repeat such monitoring for each such employee at least
every six (6) months.
(ii) If the monitoring required by paragraph (f)(2) of this section
reveals employee exposure above the PELs, the employer shall repeat such
monitoring for each such employee at least every three (3) months.
(iii) Employers who are conducting MDA operations within a regulated
area can forego periodic monitoring if the employees are all wearing
supplied-air respirators while working in the regulated area.
(iv) The employer may alter the monitoring schedule from every three
months to every six months for any employee for whom two consecutive
measurements taken at least 7 days apart indicate that the employee
exposure has decreased to below the PELs but above the action level.
(4) Termination of monitoring. (i) If the initial monitoring
required by paragraph (f)(2) of this section reveals employee exposure
to be below the action level, the employer may discontinue the
monitoring for that employee, except as otherwise required by paragraph
(f)(5) of this section.
(ii) If the periodic monitoring required by paragraph (f)(3) of this
section reveals that employee exposures, as indicated by at least two
consecutive measurements taken at least 7 days apart, are below the
action level the employer may discontinue the monitoring for that
employee, except as otherwise required by paragraph (f)(5) of this
section.
(5) Additional monitoring. The employer shall institute the exposure
monitoring required under paragraphs (f)(2) and (f)(3) of this section
when there has been a change in production process, chemicals present,
control equipment, personnel, or work practices which may result in new
or additional exposures to MDA, or when the employer has any reason to
suspect a change which may result in new or additional exposures.
(6) Accuracy of monitoring. Monitoring shall be accurate, to a
confidence level of 95 percent, to within plus or minus 25 percent for
airborne concentrations of MDA.
(7) Employee notification of monitoring results. (i) The employer
must, as soon
[[Page 72]]
as possible but no later than 5 working days after the receipt of the
results of any monitoring performed under this section, notify each
affected employee of these results either individually in writing or by
posting the results in an appropriate location that is accessible to
employees.
(ii) The written notification required by paragraph (f)(7)(i) of
this section shall contain the corrective action being taken by the
employer or any other protective measures which have been implemented to
reduce the employee exposure to or below the PELs, wherever the PELs are
exceeded.
(8) Visual monitoring. The employer shall make routine inspections
of employee hands, face and forearms potentially exposed to MDA. Other
potential dermal exposures reported by the employee must be referred to
the appropriate medical personnel for observation. If the employer
determines that the employee has been exposed to MDA the employer shall:
(i) Determine the source of exposure;
(ii) Implement protective measures to correct the hazard; and
(iii) Maintain records of the corrective actions in accordance with
paragraph (o) of this section.
(g) Regulated areas--(1) Establishment--(i) Airborne exposures. The
employer shall establish regulated areas where airborne concentrations
of MDA exceed or can reasonably be expected to exceed, the permissible
exposure limits.
(ii) Dermal exposures. Where employees are subject to ``dermal
exposure to MDA'' the employer shall establish those work areas as
regulated areas.
(2) Demarcation. Regulated areas shall be demarcated from the rest
of the workplace in a manner that minimizes the number of persons
potentially exposed.
(3) Access. Access to regulated areas shall be limited to authorized
persons.
(4) Personal protective equipment and clothing. Each person entering
a regulated area shall be supplied with, and required to use, the
appropriate personal protective clothing and equipment in accordance
with paragraphs (i) and (j) 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
regulated areas.
(h) Methods of compliance--(1) Engineering controls and work
practices and respirators. (i) The employer shall use one or any
combination of the following control methods to achieve compliance with
the permissible exposure limits prescribed by paragraph (c) of this
section:
(A) Local exhaust ventilation equipped with HEPA filter dust
collection systems;
(B) General ventilation systems;
(C) Use of workpractices; or
(D) Other engineering controls such as isolation and enclosure that
the Assistant Secretary can show to be feasible.
(ii) Wherever the feasible engineering controls and work practices
``which can be instituted are not sufficient to reduce employee exposure
to or below the PELs, 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 protective devices which
comply with the requirements of paragraph (i) of this section.
(2) Special Provisions. For workers engaged in spray application
methods, respiratory protection must be used in addition to feasible
engineering controls and work practices to reduce employee exposure to
or below the PELs.
(3) Prohibitions. Compressed air shall not be used to remove MDA,
unless the compressed air is used in conjunction with an enclosed
ventilation system designed to capture the dust cloud created by the
compressed air.
(4) Employee rotation. The employer shall not use employee rotation
as a means of compliance with the exposure limits prescribed in
paragraph (c) of this section.
(5) Compliance program. (i) The employer shall establish and
implement a written program to reduce employee exposure to or below the
PELs by means of engineering and work practice controls, as required by
paragraph (h)(1) of this section, and by use of respiratory protection
where permitted under this section.
[[Page 73]]
(ii) Upon request this written program shall be furnished for
examination and copying to the Assistant Secretary, the Director,
affected employees and designated employee representatives. The employer
shall review and, as necessary, update such plans at least once every 12
months to make certain they reflect the current status of the program.
(i) Respiratory protection--(1) General. For employees who use
respirators required by this section, the employer must provide
respirators that comply with the requirements of this paragraph.
Respirators must be used during:
(i) Periods necessary to install or implement feasible engineering
and work-practice controls.
(ii) Work operations, such as maintenance and repair activities and
spray-application processes, for which engineering and work-practice
controls are not feasible.
(iii) Work operations for which feasible engineering and work-
practice controls are not yet sufficient to reduce employee exposure to
or below the PELs.
(iv) Emergencies.
(2) Respirator program. The employer must implement a respiratory
protection program in accordance with 29 CFR 1910.134 (b) through (d)
(except (d)(1)(iii), and (f) through (m).
(3) Respirator selection. (i) Employers must:
(A) Select, and provide to employees, the appropriate respirators
specified in paragraph (d)(3)(i)(A) of 29 CFR 1910.134.
(B) Provide HEPA filters for powered and non-powered air-purifying
respirators.
(C) For escape, provide employees with one of the following
respirator options: Any self-contained breathing apparatus with a full
facepiece or hood operated in the positive-pressure or continuous-flow
mode; or a full facepiece air-purifying respirator.
(D) Provide a combination HEPA filter and organic vapor canister or
cartridge with air-purifying respirators when MDA is in liquid form or
used as part of a process requiring heat.
(ii) An employee who cannot use a negative-pressure respirator must
be given the option of using a positive-pressure respirator, or a
supplied-air respirator operated in the continuous-flow or pressure-
demand mode.
(j) Protective work clothing and equipment--(1) Provision and use.
Where employees are subject to dermal exposure to MDA, where liquids
containing MDA can be splashed into the eyes, or where airborne
concentrations of MDA are in excess of the PEL, the employer shall
provide, at no cost to the employee, and ensure that the employee uses,
appropriate protective work clothing and equipment which prevent contact
with MDA such as, but not limited to:
(i) Aprons, coveralls or other full-body work clothing;
(ii) Gloves, head coverings, and foot coverings; and
(iii) Face shields, chemical goggles; or
(iv) Other appropriate protective equipment which comply with 29 CFR
1910.133.
(2) Removal and storage. (i) The employer shall ensure that, at the
end of their work shift, employees remove MDA-contaminated protective
work clothing and equipment that is not routinely removed throughout the
day in change areas provided in accordance with the provisions in
paragraph (k) of this section.
(ii) The employer shall ensure that, during their work shift,
employees remove all other MDA-contaminated protective work clothing or
equipment before leaving a regulated area.
(iii) The employer shall ensure that no employee takes MDA-
contaminated work clothing or equipment out of the decontamination
areas, except those employees authorized to do so for the purpose of
laundering, maintenance, or disposal.
(iv) MDA-contaminated work clothing or equipment shall be placed and
stored and transported in sealed, impermeable bags, or other closed
impermeable containers.
(v) Containers of MDA-contaminated protective work clothing or
equipment which are to be taken out of decontamination areas or the
workplace for cleaning, maintenance, or disposal, shall bear labels
warning of the hazards of MDA.
[[Page 74]]
(3) Cleaning and replacement. (i) The employer shall provide the
employee with clean protective clothing and equipment. The employer
shall ensure that protective work clothing or equipment required by this
paragraph is cleaned, laundered, repaired, or replaced at intervals
appropriate to maintain its effectiveness.
(ii) The employer shall prohibit the removal of MDA from protective
work clothing or equipment by blowing, shaking, or any methods which
allow MDA to re-enter the workplace.
(iii) The employer shall ensure that laundering of MDA-contaminated
clothing shall be done so as to prevent the release of MDA in the
workplace.
(iv) Any employer who gives MDA-contaminated clothing to another
person for laundering shall inform such person of the requirement to
prevent the release of MDA.
(v) The employer shall inform any person who launders or cleans
protective clothing or equipment contaminated with MDA of the
potentially harmful effects of exposure.
(4) Visual Examination. (i) The employer shall ensure that
employees' work clothing is examined periodically for rips or tears that
may occur during performance of work.
(ii) When rips or tears are detected, the protective equipment or
clothing shall be repaired and replaced immediately.
(k) Hygiene facilities and practices--(1) General. (i) The employer
shall provide decontamination areas for employees required to work in
regulated areas or required by paragraph (j)(1) of this section to wear
protective clothing. Exception: In lieu of the decontamination area
requirement specified in paragraph (k)(1)(i) of this section, the
employer may permit employees engaged in small scale, short duration
operations, to clean their protective clothing or dispose of the
protective clothing before such employees leave the area where the work
was performed.
(ii) Change areas. The employer shall ensure that change areas are
equipped with separate storage facilities for protective clothing and
street clothing, in accordance with 29 CFR 1910.141(e).
(iii) Equipment area. The equipment area shall be supplied with
impermeable, labeled bags and containers for the containment and
disposal of contaminated protective clothing and equipment.
(2) Shower area. (i) Where feasible, shower facilities shall be
provided which comply with 29 CFR 1910.141(d)(3) wherever the
possibility of employee exposure to airborne levels of MDA in excess of
the permissible exposure limit exists.
(ii) Where dermal exposure to MDA occurs, the employer shall ensure
that materials spilled or deposited on the skin are removed as soon as
possible by methods which do not facilitate the dermal absorption of
MDA.
(3) Lunch Areas. (i) Whenever food or beverages are consumed at the
worksite and employees are exposed to MDA the employer shall provide
clean lunch areas were MDA levels are below the action level and where
no dermal exposure to MDA can occur.
(ii) The employer shall ensure that employees wash their hands and
faces with soap and water prior to eating, drinking, smoking, or
applying cosmetics.
(iii) The employer shall ensure that employees do not enter lunch
facilities with contaminated protective work clothing or equipment.
(l) Communication of hazards to employees--(1) Signs and labels. (i)
The employer shall post and maintain legible signs demarcating regulated
areas and entrances or accessways to regulated areas that bear the
following legend:
DANGER
MDA
MAY CAUSE CANCER
LIVER TOXIN
AUTHORIZED PERSONNEL ONLY
RESPIRATORS AND PROTECTIVE CLOTHING MAY BE REQUIRED TO BE WORN IN THIS
AREA
(ii) The employer shall ensure that labels or other appropriate
forms of warning are provided for containers of MDA within the
workplace. The labels shall comply with the requirements of 29 CFR
1910.1200(f) and shall include one of the following legends:
(A) For pure MDA
DANGER
CONTAINS MDA
MAY CAUSE CANCER
LIVER TOXIN
[[Page 75]]
(B) For mixtures containing MDA
DANGER
CONTAINS MDA
CONTAINS MATERIALS WHICH MAY CAUSE CANCER
LIVER TOXIN
(2) Material safety data sheets (MSDS). Employers shall obtain or
develop, and shall provide access to their employees, to a material
safety data sheet (MSDS) for MDA.
(3) Information and training. (i) The employer shall provide
employees with information and training on MDA, in accordance with 29
CFR 1910.1200(h), at the time of initial assignment and at least
annually thereafter.
(ii) In addition to the information required under 29 CFR 1910.1200,
the employer shall:
(A) Provide an explanation of the contents of this section,
including appendices A and B of this section, and indicate to employees
where a copy of the standard is available;
(B) Describe the medical surveillance program required under
paragraph (n) of this section, and explain the information contained in
appendix C of this section; and
(C) Describe the medical removal provision required under paragraph
(n) of this section.
(4) Access to training materials. (i) The employer shall make
readily available to all affected employees, without cost, all written
materials relating to the employee training program, including a copy of
this regulation.
(ii) The employer shall provide to the Assistant Secretary and the
Director, upon request, all information and training materials relating
to the employee information and training program.
(m) Housekeeping. (1) All surfaces shall be maintained as free as
practicable of visible accumulations of MDA.
(2) The employer shall institute a program for detecting MDA leaks,
spills, and discharges, including regular visual inspections of
operations involving liquid or solid MDA.
(3) All leaks shall be repaired and liquid or dust spills cleaned up
promptly.
(4) Surfaces contaminated with MDA may not be cleaned by the use of
compressed air.
(5) Shoveling, dry sweeping, and other methods of dry clean-up of
MDA may be used where HEPA filtered vacuuming and/or wet cleaning are
not feasible or practical.
(6) Waste, scrap, debris, bags, containers, equipment, and clothing
contaminated with MDA shall be collected and disposed of in a manner to
prevent the re-entry of MDA into the workplace.
(n) Medical surveillance--(1) General. (i) The employer shall make
available a medical surveillance program for employees exposed to MDA
under the following circumstances:
(A) Employees exposed at or above the action level for 30 or more
days per year;
(B) Employees who are subject to dermal exposure to MDA for 15 or
more days per year;
(C) Employees who have been exposed in an emergency situation;
(D) Employees whom the employer, based on results from compliance
with paragraph (f)(8) of this section, has reason to believe are being
dermally exposed; and
(E) Employees who show signs or symptoms of MDA exposure.
(ii) The employer shall ensure that all medical examinations and
procedures are performed by or under the supervision of a licensed
physician at a reasonable time and place, and provided without cost to
the employee.
(2) Initial examinations. (i) Within 150 days of the effective date
of this standard, or before the time of initial assignment, the employer
shall provide each employee covered by paragraph (n)(1)(i) of this
section with a medical examination including the following elements:
(A) A detailed history which includes:
(1) Past work exposure to MDA or any other toxic substances;
(2) A history of drugs, alcohol, tobacco, and medication routinely
taken (duration and quantity); and
(3) A history of dermatitis, chemical skin sensitization, or
previous hepatic disease.
(B) A physical examination which includes all routine physical
examination parameters, skin examination, and examination for signs of
liver disease.
(C) Laboratory tests including:
[[Page 76]]
(1) Liver function tests and (2) Urinalysis.
(D) Additional tests as necessary in the opinion of the physician.
(ii) No initial medical examination is required if adequate records
show that the employee has been examined in accordance with the
requirements of this section within the previous six months prior to the
effective date of this standard or prior to the date of initial
assignment.
(3) Periodic examinations. (i) The employer shall provide each
employee covered by this section with a medical examination at least
annually following the initial examination. These periodic examinations
shall include at least the following elements:
(A) A brief history regarding any new exposure to potential liver
toxins, changes in drug, tobacco, and alcohol intake, and the appearance
of physical signs relating to the liver, and the skin;
(B) The appropriate tests and examinations including liver function
tests and skin examinations; and
(C) Appropriate additional tests or examinations as deemed necessary
by the physician.
(ii) If in the physician's opinion the results of liver function
tests indicate an abnormality, the employee shall be removed from
further MDA exposure in accordance with paragraph (n)(9) of this
section. Repeat liver function tests shall be conducted on advice of the
physician.
(4) Emergency examinations. If the employer determines that the
employee has been exposed to a potentially hazardous amount of MDA in an
emergency situation under paragraph (e) of this section, the employer
shall provide medical examinations in accordance with paragraphs (n)(3)
(i) and (ii) of this section. If the results of liver function testing
indicate an abnormality, the employee shall be removed in accordance
with paragraph (n)(9) of this section. Repeat liver function tests shall
be conducted on the advice of the physician. If the results of the tests
are normal, tests must be repeated two to three weeks from the initial
testing. If the results of the second set of tests are normal and on the
advice of the physician, no additional testing is required.
(5) Additional examinations. Where the employee develops signs and
symptoms associated with exposure to MDA, the employer shall provide the
employee with an additional medical examination including liver function
tests. Repeat liver function tests shall be conducted on the advice of
the physician. If the results of the tests are normal, tests must be
repeated two to three weeks from the initial testing. If the results of
the second set of tests are normal and on the advice of the physician,
no additional testing is required.
(6) Multiple physician review mechanism. (i) If the employer selects
the initial physician who conducts any medical examination or
consultation provided to an employee under this section, and the
employee has signs or symptoms of occupational exposure to MDA (which
could include an abnormal liver function test), and the employee
disagrees with the opinion of the examining physician, and this opinion
could affect the employee's job status, the employee may designate an
appropriate and mutually acceptable second physician:
(A) To review any findings, determinations or recommendations of the
initial physician; and
(B) To conduct such examinations, consultations, and laboratory
tests as the second physician deems necessary to facilitate this review.
(ii) The employer shall promptly notify an employee of the right to
seek a second medical opinion after each occasion that an initial
physician conducts a medical examination or consultation pursuant to
this section. The employer may condition its participation in, and
payment for, the multiple physician review mechanism upon the employee
doing the following within fifteen (15) days after receipt of the
foregoing notification, or receipt of the initial physician's written
opinion, whichever is later:
(A) The employee informing the employer that he or she intends to
seek a second medical opinion, and
(B) The employee initiating steps to make an appointment with a
second physician.
[[Page 77]]
(iii) If the findings, determinations, or recommendations of the
second physician differ from those of the initial physician, then the
employer and the employee shall assure that efforts are made for the two
physicians to resolve any disagreement.
(iv) If the two physicians have been unable to quickly resolve their
disagreement, then the employer and the employee through their
respective physicians shall designate a third physician:
(A) To review any findings, determinations, or recommendations of
the prior physicians; and
(B) To conduct such examinations, consultations, laboratory tests,
and discussions with the prior physicians as the third physician deems
necessary to resolve the disagreement of the prior physicians.
(v) The employer shall act consistent with the findings,
determinations, and recommendations of the second physician, unless the
employer and the employee reach a mutually acceptable agreement.
(7) Information provided to the examining physician. (i) The
employer shall provide the following information to the examining
physician:
(A) A copy of this regulation and its appendices;
(B) A description of the affected employee's duties as they relate
to the employee's potential exposure to MDA;
(C) The employee's current actual or representative MDA exposure
level;
(D) A description of any personal protective equipment used or to be
used; and
(E) Information from previous employment related medical
examinations of the affected employee.
(ii) The employer shall provide the foregoing information to a
second physician under this section upon request either by the second
physician, or by the employee.
(8) Physician's written opinion. (i) For each examination under this
section, the employer shall obtain, and provide the employee with a copy
of, the examining physician's written opinion within 15 days of its
receipt. The written opinion shall include the following:
(A) The occupationally pertinent results of the medical examination
and tests;
(B) The physician's opinion concerning whether the employee has any
detected medical conditions which would place the employee at increased
risk of material impairment of health from exposure to MDA;
(C) The physician's recommended limitations upon the employee's
exposure to MDA or upon the employee's use of protective clothing or
equipment and respirators; and
(D) A statement that the employee has been informed by the physician
of the results of the medical examination and any medical conditions
resulting from MDA exposure which require further explanation or
treatment.
(ii) The written opinion obtained by the employer shall not reveal
specific findings or diagnoses unrelated to occupational exposures.
(9) Medical removal--(i) Temporary medical removal of an employee--
(A) Temporary removal resulting from occupational exposure. The employee
shall be removed from work environments in which exposure to MDA is at
or above the action level or where dermal exposure to MDA may occur,
following an initial examination (paragraph (n)(2) of this section),
periodic examinations (paragraph (n)(3) of this section), an emergency
situation (paragraph (n)(4) of this section), or an additional
examination (paragraph (n)(5) of this section) in the following
circumstances:
(1) When the employee exhibits signs and/or symptoms indicative of
acute exposure to MDA; or
(2) When the examining physician determines that an employee's
abnormal liver function tests are not associated with MDA exposure but
that the abnormalities may be exacerbated as a result of occupational
exposure to MDA.
(B) Temporary removal due to a final medical determination. (1) The
employer shall remove an employee from work having an exposure to MDA at
or above the action level or where the potential for dermal exposure
exists on each occasion that a final medical determination results in a
medical finding, determination, or opinion that the employee has a
detected medical condition which places the employee at increased risk
[[Page 78]]
of material impairment to health from exposure to MDA.
(2) For the purposes of this section, the phrase ``final medical
determination'' shall mean the outcome of the physician review mechanism
used pursuant to the medical surveillance provisions of this section.
(3) Where a final medical determination results in any recommended
special protective measures for an employee, or limitations on an
employee's exposure to MDA, the employer shall implement and act
consistent with the recommendation.
(ii) Return of the employee to former job status. (A) The employer
shall return an employee to his or her former job status:
(1) When the employee no longer shows signs or symptoms of exposure
to MDA, or upon the advice of the physician.
(2) When a subsequent final medical determination results in a
medical finding, determination, or opinion that the employee no longer
has a detected medical condition which places the employee at increased
risk of material impairment to health from exposure to MDA.
(B) For the purposes of this section, the requirement that an
employer return an employee to his or her former job status is not
intended to expand upon or restrict any rights an employee has or would
have had, absent temporary medical removal, to a specific job
classification or position under the terms of a collective bargaining
agreement.
(iii) Removal of other employee special protective measure or
limitations. The employer shall remove any limitations placed on an
employee or end any special protective measures provided to an employee
pursuant to a final medical determination when a subsequent final
medical determination indicates that the limitations or special
protective measures are no longer necessary.
(iv) Employer options pending a final medical determination. Where
the physician review mechanism used pursuant to the medical surveillance
provisions of this section, has not yet resulted in a final medical
determination with respect to an employee, the employer shall act as
follows:
(A) Removal. The employer may remove the employee from exposure to
MDA, provide special protective measures to the employee, or place
limitations upon the employee, consistent with the medical findings,
determinations, or recommendations of the physician who has reviewed the
employee's health status.
(B) Return. The employer may return the employee to his or her
former job status, and end any special protective measures provided to
the employee, consistent with the medical findings, determinations, or
recommendations of any of the physicians who have reviewed the
employee's health status, with two exceptions:
(1) If the initial removal, special protection, or limitation of the
employee resulted from a final medical determination which differed from
the findings, determinations, or recommendations of the initial
physician; or
(2) The employee has been on removal status for the preceding six
months as a result of exposure to MDA, then the employer shall await a
final medical determination.
(v) Medical removal protection benefits--(A) Provisions of medical
removal protection benefits. The employer shall provide to an employee
up to six (6) months of medical removal protection benefits on each
occasion that an employee is removed from exposure to MDA or otherwise
limited pursuant to this section.
(B) Definition of medical removal protection benefits. For the
purposes of this section, the requirement that an employer provide
medical removal protection benefits means that the employer shall
maintain the earnings, seniority, and other employment rights and
benefits of an employee as though the employee had not been removed from
normal exposure to MDA or otherwise limited.
(C) Follow-up medical surveillance during the period of employee
removal or limitations. During the period of time that an employee is
removed from normal exposure to MDA or otherwise limited, the employer
may condition the provision of medical removal protection benefits upon
the employee's participation in follow-up medical surveillance
[[Page 79]]
made available pursuant to this section.
(D) Workers' compensation claims. If a removed employee files a
claim for workers' compensation payments for a MDA-related disability,
then the employer shall continue to provide medical removal protection
benefits pending disposition of the claim. To the extent that an award
is made to the employee for earnings lost during the period of removal,
the employer's medical removal protection obligation shall be reduced by
such amount. The employer shall receive no credit for workers'
compensation payments received by the employee for treatment-related
expenses.
(E) Other credits. The employer's obligation to provide medical
removal protection benefits to a removed employee shall be reduced to
the extent that the employee receives compensation for earnings lost
during the period of removal either from a publicly or employer-funded
compensation program, or receives income from employment with any
employer made possible by virtue of the employee's removal.
(F) Employees who do not recover within the 6 months of removal. The
employer shall take the following measures with respect to any employee
removed from exposure to MDA:
(1) The employer shall make available to the employee a medical
examination pursuant to this section to obtain a final medical
determination with respect to the employee;
(2) The employer shall assure that the final medical determination
obtained indicates whether or not the employee may be returned to his or
her former job status, and, if not, what steps should be taken to
protect the employee's health;
(3) Where the final medical determination has not yet been obtained,
or once obtained indicates that the employee may not yet be returned to
his or her former job status, the employer shall continue to provide
medical removal protection benefits to the employee until either the
employee is returned to former job status, or a final medical
determination is made that the employee is incapable of ever safely
returning to his or her former job status; and
(4) Where the employer acts pursuant to a final medical
determination which permits the return of the employee to his or her
former job status despite what would otherwise be an unacceptable liver
function test, later questions concerning removing the employee again
shall be decided by a final medical determination. The employer need not
automatically remove such an employee pursuant to the MDA removal
criteria provided by this section.
(vi) Voluntary removal or restriction of an employee. Where an
employer, although not required by this section to do so, removes an
employee from exposure to MDA or otherwise places limitations on an
employee due to the effects of MDA exposure on the employee's medical
condition, the employer shall provide medical removal protection
benefits to the employee equal to that required by paragraph (n)(9)(v)
of this section.
(o) Recordkeeping--(1) Objective data for exempted operations. (i)
Where the employer has relied on objective data that demonstrate that
products made from or containing MDA are not capable of releasing MDA or
do not present a dermal exposure problem under the expected conditions
of processing, use, or handling to exempt such operations from the
initial monitoring requirements under paragraph (f)(2) of this section,
the employer shall establish and maintain an accurate record of
objective data reasonably relied upon in support of the exemption.
(ii) The record shall include at least the following information:
(A) The product qualifying for exemption;
(B) The source of the objective data;
(C) The testing protocol, results of testing, and/or analysis of the
material for the release of MDA;
(D) A description of the operation exempted and how the data support
the exemption; and
(E) Other data relevant to the operations, materials, processing, or
employee exposures covered by the exemption.
(iii) The employer shall maintain this record for the duration of
the employer's reliance upon such objective data.
[[Page 80]]
(2) Historical monitoring data. (i) Where the employer has relied on
historical monitoring data that demonstrate that exposures on a
particular job will be below the action level to exempt such operations
from the initial monitoring requirements under paragraph (f)(2) of this
section, the employer shall establish and maintain an accurate record of
historical monitoring data reasonably relied upon in support of the
exception.
(ii) The record shall include information that reflect the following
conditions:
(A) The data upon which judgments are based are scientifically sound
and were collected using methods that are sufficiently accurate and
precise;
(B) The processes and work practices that were in use when the
historical monitoring data were obtained are essentially the same as
those to be used during the job for which initial monitoring will not be
performed;
(C) The characteristics of the MDA-containing material being handled
when the historical monitoring data were obtained are the same as those
on the job for which initial monitoring will not be performed;
(D) Environmental conditions prevailing when the historical
monitoring data were obtained are the same as those on the job for which
initial monitoring will not be performed; and
(E) Other data relevant to the operations, materials, processing, or
employee exposures covered by the exception.
(iii) The employer shall maintain this record for the duration of
the employer's reliance upon such historical monitoring data.
(3) 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.
(4) Exposure measurements. (i) The employer shall keep an accurate
record of all measurements taken to monitor employee exposure to MDA.
(ii) This record shall include at least the following information:
(A) The date of measurement;
(B) The operation involving exposure to MDA;
(C) Sampling and analytical methods used and evidence of their
accuracy;
(D) Number, duration, and results of samples taken;
(E) Type of protective devices worn, if any; and
(F) Name, social security number, and exposure of the employees
whose exposures are represented.
(iii) The employer shall maintain this record for at least thirty
(30) years, in accordance with 29 CFR 1910.33.
(5) Medical surveillance. (i) The employer shall establish and
maintain an accurate record for each employee subject to medical
surveillance by paragraph (n) of this section, in accordance with 29 CFR
1910.33.
(ii) The record shall include at least the following information:
(A) The name and social security number of the employee;
(B) A copy of the employee's medical examination results, including
the medical history, questionnaire responses, results of any tests, and
physician's recommendations.
(C) Physician's written opinions;
(D) Any employee medical complaints related to exposure to MDA; and
(E) A copy of the information provided to the physician as required
by paragraph (n) of this section.
(iii) The employer shall ensure that this record is maintained for
the duration of employment plus thirty (30) years, in accordance with 29
CFR 1910.33.
(iv) A copy of the employee's medical removal and return to work
status.
(6) Training records. The employer shall maintain all employee
training records for one (1) year beyond the last date of employment.
(7) Availability. (i) The employer, upon written request, shall make
all records required to be maintained by this section available to the
Assistant Secretary and the Director for examination and copying.
(ii) The employer, upon request, shall make any exposure records
required by paragraphs (f) and (n) of this section available for
examination and copying to affected employees, former employees,
designated representatives, and
[[Page 81]]
the Assistant Secretary, in accordance with 29 CFR 1910.33(a)-(e) and
(g)-(i).
(iii) The employer, upon request, shall make employee medical
records required by paragraphs (n) and (o) of this section available for
examination and copying to the subject employee, anyone having the
specific written consent of the subject employee, and the Assistant
Secretary, in accordance with 29 CFR 1910.33.
(8) Transfer of records. (i) The employer shall comply with the
requirements concerning transfer of records set forth in 29 CFR
1910.33(h).
(ii) 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 and, upon request, transmit them to the Director.
(p) Observation of monitoring--(1) Employee observation. The
employer shall provide affected employees, or their designated
representatives, an opportunity to observe the measuring or monitoring
of employee exposure to MDA conducted pursuant to paragraph (f) of this
section.
(2) Observation procedures. When observation of the measuring or
monitoring of employee exposure to MDA requires entry into areas where
the use of protective clothing and equipment or respirators is required,
the employer shall provide the observer with personal protective
clothing and equipment or respirators required to be worn by employees
working in the area, assure the use of such clothing and equipment or
respirators, and require the observer to comply with all other
applicable safety and health procedures.
(q) Appendices. The information contained in appendices A, B, C, and
D of this section is not intended, by itself, to create any additional
obligations not otherwise imposed by this standard nor detract from any
existing obligation.
Appendix A to Sec. 1926.60--Substance Data Sheet, for 4-4'
Methylenedianiline
Note: The requirements applicable to construction work under this
Appendix A are identical to those set forth in Appendix A to Sec.
1910.1050 of this chapter.
Appendix B to Sec. 1926.60--Substance Technical Guidelines, MDA
Note: The requirements applicable to construction work under this
Appendix B are identical to those set forth in Appendix B to Sec.
1910.1050 of this chapter.
Appendix C to Sec. 1926.60--Medical Surveillance Guidelines for MDA
Note: The requirements applicable to construction work under this
Appendix C are identical to those set forth in Appendix C to Sec.
1910.1050 of this chapter.
Appendix D to Sec. 1926.60--Sampling and Analytical Methods for MDA
Monitoring and Measurement Procedures
Note: The requirements applicable to construction work under this
Appendix D are identical to those set forth in Appendix D to Sec.
1910.1050 of this chapter.
[57 FR 35681, Aug. 10, 1992, as amended at 57 FR 49649, Nov. 3, 1992; 61
FR 5510, Feb. 13, 1996; 61 FR 31431, June 20, 1996; 63 FR 1296, Jan. 8,
1998; 69 FR 70373, Dec. 6, 2004; 70 FR 1143, Jan. 5, 2005; 71 FR 16674,
Apr. 3, 2006; 71 FR 50191, Aug. 24, 2006]