[Amended]

(iii) A brief summary of the oper- Calcium arsenate and lead arsenate 2. Table Z-1 of § 1910.1000 is amendations creating the exposure and the are inorganic arsenicals. Accordingly ed by deleting the following entries: actions which the employer intends to take to reduce exposures. the existing entries in Table Z-1 of "Calcium Arsenate 1" (2) Whenever there has been a sig- § 1910.1000 setting exposure limits for "Lead Arsenate 0.15" nificant change in the information re- FEDERAL REGISTER, VOL. 43, NO. 88-FRIDAY, MAY 5, 1978 RULES AND REGULATIONS 19625 quired by paragraph (d)(1) of this secposure exceeds the permissible exposection and other necessary personal tion the employer shall report the sure limit, the employer shall include protective equipment. Employee rotachanges in writing within 60 days to in the written notice a statement that tion is not required as a control stratethe OSHA area office. the permissible exposure limit was exgy before respiratory protection is in- (e) Exposure monitoring.-(1) Generceeded and a description of the correcstituted. al. (i) Determinations of airborne extive action taken to reduce exposure to (2) Compliance Program. (i) The emposure levels shall be made from air or below the permissible exposure ployer shall establish and implement a samples that are representative of limit. written program to-reduce exposures each employee's exposure to inorganic (6) Accuracy of measurement. (i) The to or below the permissible exposure arsenic over an eight (8) hour period. employer shall use a method of monilimit by means of engineering and (ii) For the purposes of this section, toring and measurement which has an work practice controls. employee exposure is that exposure accuracy (with a confidence level of 95 (ii) Written plans for these compliwhich would occur if the employee percent) of not less than plus or minus ance programs shall include at least were not using a respirator. 25 percent for concentrations of inorthe following: (iii) The employer shall collect full ganic arsenic greater than or equal to (A) A description of each operation shift (for at least 7 continuous hours) 10 µg/m³. in which inorganic arsenic is emitted; personal samples including at least (ii) The employer shall use a method e.g. machinery used, material proone sample for each shift for each job of monitoring and measurement which cessed, controls in place, crew size, opclassification in each work area. has an accuracy (with confidence level erating procedures and maintenance (2) Initial monitoring. Each employof 95 percent) of not less than plus or practices; er who has a workplace or work operminus 35 percent for concentrations of (B) Engineering plans and studies ation covered by this standard shall inorganic arsenic greater than 5 µg/m³ used to determine methods selected monitor each such workplace and but less than 10 µg/m³. for controlling exposure to inorganic work operation to accurately deter- (f) Regulated area-(1) Establisharsenic; mine the airborne concentration of inment. The employer shall establish (C) A report of the technology conorganic arsenic to which employees regulated areas where worker exposidered in meeting the permissible exmay be exposed. sures to inorganic arsenic, without posure limit; (3) Frequency. (i) If the initial moniregard to the use of respirators, are in (D) Monitoring data; toring reveals employee exposure to be excess of the permissible limit. (E) A detailed schedule for implebelow the action level the measure- (2) Demarcation. Regulated areas mentation of the engineering controls ments need not be repeated except as shall be demarcated and segregated and work practices that cannot be imotherwise provided in paragraph (e)(4) from the rest of the workplace in any plemented immediately and for the of this section. manner that minimizes the number of adaption and implementation of any (ii) If the initial monitoring, repersons who will be exposed to inoradditional engineering and work pracquired by this section, or subsequent ganic arsenic. tices necessary to meet the permissible monitoring reveals employer exposure (3) Access. Access to regulated areas exposure limit; to be above the permissible exposure shall be limited to authorized persons (F) Whenever the employer will not limit, the employer shall repeat monior to persons otherwise authorized by achieve the permissible exposure limit toring at least quarterly. the Act or regulations issued pursuant with engineering controls and work (iii) If the initial monitoring, rethereto to enter such areas. practices by December 31, 1979, the quired by this section, or subsequent (4) Provision of respirators. All peremployer shall include in the complimonitoring reveals employee exposure sons entering a regulated area shall be ance plan an analysis of the effectiveto be above the action level and below supplied with a respirator, selected in ness of the various controls, shall inthe permissible exposure limit the emaccordance with paragraph (h)(2) of stall engineering controls and institute ployee shall repeat monitoring at least this section. work practices on the quickest schedevery six months. (5) Prohibited activities. The emule feasible, and shall include in the (iv) The employer shall continue ployer shall assure that in regulated compliance plan and implement a promonitoring at the required frequency areas, food or beverages are not congram to minimize the discomfort and until at least two consecutive measuresumed, smoking products, chewing tomaximize the effectiveness of respiraments, taken at least seven (7) days bacco and gum are not used and costor use; and apart, are below the action level at metics are not applied, except that (G) Other relevant information. which time the employer may disconthese activities may be conducted in (iii) Written plans for such a protinue monitoring for that employee the lunchrooms, change rooms and gram shall be submitted upon request until such time as any of the events in showers required under paragraph (m) to the Assistant Secretary and the Diparagraph (e)(4) of this section occur. of this section. Drinking water may be rector, and shall be available at the (4) Additional monitoring. Whenconsumed in the regulated area. worksite for examination and copying ever there has been a production, (g) Methods of compliance.-(1) Conby the Assistant Secretary, Director, process, control or personal change trols. (i) The employer shall institute any affected employee or authorized which may result in new or additional at the earliest possible time but not employee representatives. exposure to inorganic arsenic, or later than December 31, 1979, engi- (iv) The plans required by this parawhenever the employer has any other neering and work practice controls to graph shall be revised and updated at reason to suspect a change which may reduce exposures to or below the perleast every 6 months to reflect the curresult in new or additional exposures missible exposure limit, except to the rent status of the program. to inorganic arsenic, additional moniextent that the employer can establish (h) Respiratory protection-(1) Gentoring which complies with paragraph that such controls are not feasible. eral. The employer shall assure that (e) of this section shall be conducted. (ii) Where engineering and work respirators are used where required (5) Employee notification. (i) Within practice controls are not sufficient to under this section to reduce employee five (5) working days after the receipt reduce exposures to or below the perexposures to below the permissible exof monitoring results, the employer missible exposure limit, they shall posure limit and in emergencies. Resshall notify each employee in writing nonetheless be used to reduce expopirators shall be used in the following of the results which represent that sures to the lowest levels achievable circumstances: employee's exposures. by these controls and shall be supple- (i) During the time period necessary (ii) Whenever the results indicate mented by the use of respirators in acto install or implement feasible engithat the representative employee excordance with paragraph (h) of this neering or work practice controls; FEDERAL REGISTER, VOL. 43, NO. 88-FRIDAY, MAY 5, 1978 19626 RULES AND REGULATIONS (ii) In work operations such as mainor combination of respirators from perform quantitative face fit test at tenance and repair activities in which Table I below for inorganic arsenic the time of initial fitting and least the employer establishes that engicompounds without significant vapor semi-annually thereafter for each emneering and work practice controls are pressure, or Table II below for inorployee wearing negative pressure resnot feasible; ganic arsenic compounds which have pirators. The test shall be used to (iii) In work situations in which engisignificant vapor pressure. select facepieces that provide the reneering controls and supplemental (ii) Where employee exposures quired protection as prescribed in work practice controls are not yet sufexceed the permissible exposure limit Table I or II. ficient to reduce exposures to or below for inorganic arsenic and also exceed (iv) If an employee has demonstratthe permissible exposure limit; or the relevant limit for particular gasses ed difficulty in breathing during the (iv) In emergencies. such as sulfur dioxide, any air purifyfitting test or during use, he or she (2) Respirator selection. (i) Where ing respirator supplied to the employshall be examined by a physician respirators are required under this secee as permitted by this standard must trained in pulmonary medicine to detion the employer shall select, provide have a combination high efficiency termine whether the employee can at no cost to the employee and assure filter with an appropriate gas sorbent. wear a respirator while performing the the use of the appropriate respirator (See footnote in Table 1) required duty. (4) Respirator program. (i) The em- TABLE I.-Respiratory protection for inorganic arsenic particulate except for those with ployer shall institute a repiratory prosignificant vapor pressure tection program in accordance with 29 CFR 1910.134 (b), (d), (e) and (f). (ii) The employer shall permit each Concentration of inorganic arsenic (as As) or Required respirator condition of use employee who uses a filter respirator to change the filter elements when- (i) Unknown or greater or lesser than 20,000 µg/m² (A) Any full facepiece self-contained breathing appaever an increase in breathing resis- (20 mg/m3) or firefighting. ratus operated in positive pressure mode. tance is detected and shall maintain (ii) Not greater than 20,000 µg/m3 (20 mg/m3) (A) Supplied air respirator with full facepiece, hood, or an adequate supply of filter elements helmet or suit and operated in positive pressure mode. for this purpose. (iii) Not greater than 10,000 µg/m³ (10 mg/m3) (A) Powered air-purifying respirators in all inlet face (iii) Employees who wear respirators coverings with high efficiency filters. (B) Half-mask shall be permitted to leave work areas supplied air respirators operated in positive pressure to wash their face and respirator facemode. (iv) Not greater than 500 µg/m³ (A) Full facepiece air-purifying respirator equipped piece to prevent skin irritation associwith high-efficiency filter.1 (B) Any full facepiece ated with respirator use. supplied air respirator. (C) Any full facepiece self- (5) Commencement of respirator use. contained breathing apparatus. (v) Not greater than 100 µg/m3 (A) Half-mask air-purifying respirator equipped with (i) The employer's obligation to prohigh-efficiency filter.1 (B) Any half-mask supplied vide respirators commences on August air respirator. 1, 1978 for employees exposed over 500 µg/m³ of inorganic arsenic, as soon as 'High-efficiency filter-99.97 pct efficiency against 0.3 micrometer monodisperse diethyl-hexyl phthapossible but not later than October 1, late (DOP) particles. 1978 for employees exposed to over 50 µg/m³ of inorganic arsenic, and as TABLE II.-Respiratory protection for inorganic arsenicals (such as arsenic trichloride² soon as possible but no later than Dearsenic phosphide) with significant vapor pressure cember 1, 1978 for employees exposed between 10 and 50 µg/m³ of inorganic arsenic. Concentration of inorganic arsenic (as As) or Required respirator condition of use (ii) Employees with exposures below 50 µg/m³ of inorganic arsenic may (1) Unknown or greater or lesser than 20,000 µg/m³ (A) Any full facepiece self-contained breathing appachoose not to wear respirators until (20mg/m3) or firefighting. ratus operated in positive pressure mode. (A) Supplied air respirator with full facepiece hood, or December 31, 1979. (il) Not greater than 20,000 µg/m³ mg/m3) helmet or suit and operated in positive pressure (iii) After December 1, 1978 any emmode. ployee required to wear respirators (iii) Not greater than 10,000 µg/m³ (10mg/m") (A) Half-mask' supplied air respirator operated in positive pressure mode. may choose, and if so chosen the em- (iv) Not greater than 500 µg/m³ (A) Front or back mounted gas mask equipped with ployer must provide, if it will give high-efficiency filter and acid gas canister. (B) Any proper protection, a powered air purifull facepiece supplied air respirator. (C) Any full fafying respirator and in addition if neccepiece self-contained breathing apparatus. (v) Not greater than 100 µg/m³ (A) Half-mask air-purifying respirator equipped with essary a combination dust and acid gas high- efficiency filter 1 and acid gas cartridge. (B) respirator for times where exposures Any half-mask supplied air respirator. to gases are over the relevant exposure limits. 'High efficiency filter-99.97 pct efficiency against 0.3 micrometer monodisperse diethyl-hexyl phtha- (j) Protective work clothing and late (DOP) particles. "Half-mask respirators shall not be used for protection against arsenic trichloride, as it is rapidly abequipment-(1) Provision and use. sorbed through the skin. Where the possibility of skin or eye irritation form inorganic arsenic exists, and for all workers working in regulat- (iii) The employer shall select respimum facepiece leakage and that the ed areas, the employer shall provide at rators from among those approved for respirator is fitted properly. no cost to the employee and assure protection against dust, fume, and (ii) The employer shall perform that employees use appropriate and mist by the National Institute for Ocqualitative fit tests at the time of iniclean protective work clothing and cupational Safety and Health tial fitting and at least semi-annually equipment such as, but not limited to: (NIOSH) under the provisions of 30 thereafter for each employee wearing (i) Coveralls or similar full-body CFR Part 11. respirators, where quantitative fit work clothing; (3) Respirator usage. (i) The employtests are not required. (ii) Gloves, and shoes or coverlets; er shall assure that the respirator (iii) Employers with more than 20 (iii) Face shields or vented goggles issued to the employee exhibits miniemployees wearing respirators shall when necessary to prevent eye irrita- FEDERAL REGISTER, VOL. 43, NO. 88-FRIDAY, MAY 5, 1978 RULES AND REGULATIONS 19627 tion, which comply with the requireto minimize the reentry of inorganic (n) Medical surveillance-(1) Generments of § 1910.133(a)(2)(a)(6); and arsenic into the workplace. al-(i) Employees covered. The em- (iv) Impervious clothing for employ- (4) Housekeeping plan. A written ployer shall institute a medical surveilees subject to exposure to arsenic trihousekeeping and maintenance plan lance program for the following emchloride. shall be kept which shall list appropriployees: (2) Cleaning and replacement. (i) ate frequencies for carrying out house- (A) All employees who are or will be The employer shall provide the prokeeping operations, and for cleaning exposed above the action level, withtective clothing required in paragraph and maintaining dust collection equipout regard to the use of respirators, at (j) (1) of this section in a freshly launment. The plan shall be available for least 30 days per year; and dered and dry condition at least inspection by the Assistant Secretary. (B) All employees who have been exweekly, and daily if the employee (5) Maintenance of equipment. Periposed above the action level, without works in areas where exposure are odic cleaning of dust collection and regard to respirator use, for 30 days or over 100 µg/m³ of inorganic arsenic or ventilation equipment and checks of more per year for a total of 10 years or in areas where more frequent washing their effectiveness shall be carried out more of combined employment with is needed to prevent skin irritation. to maintain the effectiveness of the the employer or predecessor employ- (ii) The employer shall clean, launsystem and a notation kept of the last ers prior to or after the effective date der, or dispose of protective clothing check of effectiveness and cleaning or of this standard. The determination of required by paragraph (j) (1) of this maintenance. exposures prior to the effective date of section. (1) [Reserved.] this standard shall be based upon (iii) The employer shall repair or re- (m) Hygiene facilities and pracprior exposure records, comparison place the protective clothing and equipment as needed to maintain their tices-(1) Change rooms. The employwith the first measurements taken er shall provide for employees working after the effective date of this standeffectiveness. (iv) The employer shall assure that in regulated areas or subject to the ard, or comparison with records of exall protective clothing is removed at possibility of skin or eye irritation posures in areas with similar processthe completion of a work shift only in from inorganic arsenic, clean change es, extent of engineering controls utirooms equipped with storage facilities lized and materials used by that emchange rooms prescribed in paragraph for street clothes and separate storageployer. (m) (1) of this section. (v) The employer shall assure that facilities for protective clothing and (ii) Examination by physician. The equipment in accordance with 29 CFR contaminated protective clothing employer shall assure that all medical 1910.141(e). which is to be cleaned, laundered, or examinations and procedures are perdisposed of, is placed in a closed con- (2) Showers. (i) The employer shall formed by or under the supervision of tainer in the change-room which preassure that employees working in reg- a licensed physician, and shall be provents dispersion of inorganic arsenic ulated areas or subject to the possibilvided without cost to the employee, outside the container. ity of skin or eye irritation from inorwithout loss of pay and at a reason- (vi) The employer shall inform in ganic arsenic shower at the end of the able time and place. work shift. writing any person who cleans or laun- (2) Initial examinations. By Decemders clothing required by this section, (ii) The employer shall provide ber 1, 1978, for employees initially covof the potentially harmful affects inshower facilities in accordance with ered by the medical provisions of this cluding the carcinogenic effects of ex- § 1910.141(d)(3). section, or thereafter at the time of posure to inorganic arsenic. (3) Lunchrooms. (i) The employer initial assignment to an area where (vii) The employer shall assure that shall provide for employees working in the employee is likely to be exposed regulated areas, lunchroom facilities the containers of contaminated protecover the action level at least 30 days which have a temperature controlled, tive clothing and equipment in the per year, the employer shall provide positive pressure, filtered air supply, workplace or which are to be removed each affected employee an opportuniand which are readily accessible to emfrom the workplace are labelled as folty for a medical examination, includployees working in regulated areas. lows: ing at least the following elements: (ii) The employer shall assure that (i) A work history and a medical his- CAUTION: Clothing contaminated employees working in the regulated tory which shall include a smoking with inorganic arsenic; do not remove area or subject to the possibility of history and the presence and degree of dust by blowing or shaking: Dispose of skin or eye irritation from exposure to respiratory symptoms such as breathinorganic arsenic contaminated wash inorganic arsenic wash their hands water in accordance with applicable and face prior to eating. lessness, cough, sputum production and wheezing. local, State, or Federal regulations. (4) Lavatories. The employer shall (ii) A medical examination which provide lavatory facilities which (viii) The employer shall prohibit comply with § 1910.141(d) (1) and (2). shall include at least the following: the removal of inorganic arsenic from (5) Vacuuming clothes. The employ- (A) A 14" by 17" posterior-anterior protective clothing or equipment by er shall provide facilities for employchest X-ray and International Labor blowing or shaking. ees working in areas where exposure, Office UICC/Cincinnati (ILO U/C) (k) Housekeeping-(1) Surfaces. All without regard to the use of respirarating; surfaces shall be maintained as free as tors, exceeds 100 µg/m³ to vacuum (B) A nasal and skin examination; practicable of accumulations of inortheir protective clothing and clean or (C) A sputum cytology examination; ganic arsenic. change shoes worn in such areas and before entering change rooms, lunch- (D) Other examinations which the (2) Cleaning floors. Floors and other rooms or shower rooms required by physician believes appropriate because accessible surfaces contaminated with paragraph (j) of this section and shall of the employees exposure to inorganinorganic arsenic may not be cleaned assure that such employees use such ic arsenic or because of required respiby the use of compressed air, and facilities. rator use. shoveling and brushing may be used (6) Avoidance of skin irritation. The (3) Periodic examinations. (i) The only where vacuuming or other releemployer shall assure that no employemployer shall provide the examinavant methods have been tried and ee is exposed to skin or eye contact tions specified in paragraphs (n)(2)(i) found not to be effective. with arsenic trichloride, or to skin or and (n)(2)(ii) (A), (B), and (D) at least (3) Vacuuming. Where vacuuming eye contact with liquid or particulate annually for covered employees who methods are selected, the vacuums inorganic arsenic which is likely to are under 45 years of age with fewer shall be used and emptied in a manner cause skin or eye irritation. than 10 years of exposure over the FEDERAL REGISTER, VOL. 43, NO. 88-FRIDAY, MAY 5, 1978 19628 RULES AND REGULATIONS action level without regard to respiraemployer shall institute a training (ii) The employer shall assure that tor use. program for all employees who are signs required by this paragraph are il- (ii) The employer shall provide the subject to exposure to inorganic arluminated and cleaned as necessary so examinations specified in paragraphs senic above the action level without that the legend is readily visible. (n)(2)(i) and (n)(2)(ii) of this section at regard to respirator use, or for whom (3) Labels. The employer shall apply least semi-annually for other covered there is the possibility of skin or eye precautionary labels to all shipping employees. irritation from inorganic arsenic. The and storage containers of inorganic ar- (iii) Whenever a covered employee employer shall assure that those emsenic, and to all products containing has not taken the examinations speciployees participate in the training proinorganic arsenic except when the infied in paragraphs (n)(2)(i) and gram. organic arsenic in the product is (n)(2)(ii) of this section within six (6) (ii) The training program shall be bound in such a manner so as to make months preceding the termination of provided by October 1, 1978, for emunlikely the possibility of airborne employment, the employer shall proployees covered by this provision, at esposure to inorganic arsenic. (Possivide such examinations to the employthe time of initial assignment for ble examples of products not requiring ee upon termination of employment. those subsequently covered by this labels are semiconductors, light emit- (4) Additional examinations. If the provision, and shall be repeated at ting diodes and glass). The label shall employee for any reason develops least quarterly for employees who bear the following legend: signs or symptoms commonly associathave optional use of respirators and at DANGER ed with exposure to inorganic arsenic least annually for other covered emthe employer shall provide an approployees thereafter; and the employer CONTAINS INORGANIC ARSENIC priate examination and emergency shall assure that each employee is in- CANCER HAZARD medical treatment. formed of the following: (5) Information provided to the phy- (A) The information contained in HARMFUL IF INHALED OR sician. The employer shall provide the appendix A; SWALLOWED following information to the examin- (B) The quantity, location, manner USE ONLY WITH ADEQUATE ing physician: of use, storage, sources of exposure, VENITLATION (i) A copy of this standard and its and the specific nature of operations Appendices; which could result in exposure to inor- OR RESPIRATORY PROTECTION (ii) A description of the affected emganic arsenic as well as any necessary (q) Recordkeeping.-(1) Exposure ployee's duties as they relate to the protective steps; monitoring. (i) The employer shall esemployee's exposure; (C) The purpose, proper use, and tablish and maintain an accurate (iii) The employee's representative limitation of respirators; record of all monitoring require in exposure level or anticipated exposure (D) The purpose and a description of paragraph (e) of this section. level; the medical surveillance program as (ii) This record shall include: (iv) A description of any personal required by paragraph (n) of this sec- (A) The date(s), number, duration protective equipment used or to be tion; location, and results of each of the used; and (E) The engineering controls and samples taken, including a description (v) Information from previous mediwork practices associated with the emof the sampling procedure used to decal examinations of the affected employee's job assignment; and termine representative employee expoployee which is not readily available (F) A review of this standard. sure where applicable; to the examining physician. (2) Access to training materials. (i) (B) A description of the sampling (6) Physician's written opinion. (i) The employer shall make readily and analytical methods used and evi- The employer shall obtain a written available to all affected employees a dence of their accuracy; opinion from the examining physician copy of this standard and its appen- (C) The type of respiratory protecwhich shall include: dixes. tive devices worn, if any; (A) The results of the medical exam- (ii) The employer shall provide; (D) Name, social security number, ination and tests performed; upon request, all materials relating to and job classification of the employees (B) The physician's opinion as to the employee information and trainmonitored and of all other employees whether the employee has any detecting program to the Assistant Secretary whose exposure the measurement is ed medical conditions which would and the Director. intended to represent; and place the employee at increased risk of (p) Signs and labels.-(1) General (i) (E) The environmental variables material impairment of the employee's The employer may use labels or signs that could affect the measurement of health from exposure to inorganic arrequired by other statutes, regulathe employees exposure. senic; tions, or ordinances in addition to, or (ii) The employer shall maintain (C) Any recommended limitations in combination with, signs and labels these monitoring records for at least upon the employee's exposure to inorrequired by this paragraph. 40 years or for the duration of employganic arsenic or upon the use of pro- (ii) The employer shall assure that ment plus 20 years, whichever, is tective clothing or equipment such as no statement appears on or near any longer. respirators; and sign or label required by this para- (2) Medical surveillance. (i) The em- (D) A statement that the employee graph which contradicts or detracts ployer shall establish and maintain an has been informed by the physician of from the meaning of the required sign accurate record for each employee the results of the medical examination or label. subject to medical surveillance as reand any medical conditions which re- (2) Signs. (i) The employer shall post quired by paragraph (n) of this secsigns demarcating regulated areas tion. quire further explanation or treatbearing the legend; (ii) This record shall include: ment. (ii) The employer shall instruct the (A) The name, social security DANGER physician not to reveal in the written number, and description of duties of the employee; opinion specific findings or diagnoses INORGANIC ARSENIC (B) A copy of the physician's written unrelated to occupational exposure. CANCER HAZARD opinions; (iii) The employer shall provide a (C) Results of any exposure monitorcopy of the written opinion to the af- AUTHORIZED PERSONNEL ONLY ing done for that employee and the fected employee. NO SMOKING OR EATING representative exposure levels sup- (o) Employee information and trainplied to the physician; and ing.-(1) Training program. (i) The RESPIRATOR REQUIRED (D) Any employee medical com- FEDERAL REGISTER, VOL. 43, NO. 88-FRIDAY, MAY 5, 1978 RULES AND REGULATIONS 19629 plaints related to exposure to inorganleast 3 months prior to the disposal of is predicted by an independent engiic arsenic. such records and shall transmit those neering firm that engineering controls (iii) The employer shall in addition records to the Director if he requests and work practices will reduce expokeep, or assure that the examining them within that period. sures below the permissible exposure physician keeps, the following medical (r) Observation of monitoring.-(1) limit by December 31, 1979, for affectrecords; Employee observation. The employer ed employees, then such facilities need (A) A copy of the medical examinashall provide affected employees. or not be completed until 1 year after the tion results including medical and their designated representatives an opengineering controls are completed or work history required under paraportunity to observe any monitoring December 31, 1980, whichever is earligraph (n) of this section; of. employee exposure to inorganic arer, if such controls have not in fact (B) A description of the laboratory senic conducted pursuant to paraprocedures and a copy of any standsucceeded in reducing exposure to graph (e) of this section. ards or guidelines used to interpret below the permissible exposure limit. (2) Observation procedures. (i) the test results or references to that Whenever observation of the monitor- (6) Summary of startup dates set information; forth elsewhere in this standard. ing of employee exposure to inorganic (C) The initial X-ray; arsenic requires entry into an area STARTUP DATES (D) The X-rays for the most recent 5 where the use of respirators, protecyears; August 1, 1978-Respirator use over 500 µg/ tive clothing. or equipment is required, (E) Any X-rays with a demonstrated m3. the employer shall provide the observabnormality and all subsequent X- er with and assure the use of such res- AS SOON AS POSSIBLE BUT NO LATER THAN rays; (F) The initial cytologic examination pirators, clothing, and such equip- September 15, 1978-Completion of initial slide and written description; ment, and shall require the observer monitoring. to comply with all other applicable October 1, 1978-Complete establishment of (G) The cytologic examination slide and written description for the most safety and health procedures. regulated areas. Respirator use for emrecent 5 years; and (ii) Without interfering with the ployees exposed above 50 µg/m³. Comple- (H) Any cytologic examination slides monitoring, observers shall be entitled tion of initial training. Notification of use. December 1, 1978-Respirator use over 10 with demonstrated atypia, if such to; µg/m³. Completion of initial medical. atypia persists for 3 years, and all sub- (A) Receive an explanation of the Completion of compliance plan. sequent slides and written descripmeasurement procedures; July 1, 1979-Completion of tunch rooms tions. (B) Observe all.steps related to the and hygiene facilities. (iv) The employer shall maintain or monitoring of inorganic arsenic per- December 31, 1979-Completion of engineerassure that the physician maintains formed at the place of exposure; and ing controls. those medical records for at least 40 (C) Record the results obtained or All other requirements of the standard years, or for the duration of employreceive copies of the results when rehave as their startup date August 1, 1978. ment plus 20 years whichever is turned by the laboratory. (s) Effective date. This standard APPENDIX A-INORGANIC ARSENIC SUBSTANCE longer. INFORMATION SHEET (3) Availability. (i) The employer shall become effective August 1, 1978. shall make available upon request all (t) Appendixes. The information con- I. SUBSTANCE IDENTIFICATION records required to be maintained by tained in the appendixes to this sec- A. Substance. Inorganic Arsenic. paragraph (m) of this section to the tion is not intended by itself, to create B. Definition. Copper acetoarsenite, ar- Assistant Secretary and the Director any additional obligations not othersenic and all inorganic compounds containfor examination and copying. wise imposed by this standard nor deing arsenic except arsine, measured as ar- (ii) The employer shall make availatract from any existing obligation. senic (As). ble upon request records of employee (u) Startup dates.-(1) General The C. Permissible Exposure Limit 10 microexposure monitoring required by parastartup dates of requirements of this grams per cubic meter of air as determined standard shall be the effective date of as an average over an 8-hour period. No emgraph (q)(1) of this section for inspecthis standard unless another startup ployee may be exposed to any skin or eye tion and copying to affected employcontact with arsenic trichloride or to skin or ees, former employees and their desigdate is provided for either in other eye contact likely to cause skin or eye irritanated representatives. paragraphs of this section or in this tion. (iii) The employer shall make availaparagraph. D. Regulated Areas. Only employees auble upon request an employee's medi- (2) Monitoring. Initial monitoring thorized by your employer should enter a cal records and exposure records repshall be commenced on August 1, 1978, regulated area. resentative of that employee's expoand shall be completed by September II. HEALTH HAZARD DATA sure required to be maintained by 15, 1978. paragraph (q) of this section to the af- (3) Regulated areas. Regulated areas A. Comments. The health hazard of inorganic arsenic is high. fected employee or former employee required to be established as a result B. Ways in which the chemical affects or to a physician designated by the afof initial monitoring shall be set up as your body. Exposure to airborne concentrafected employee or former employee. soon as possible after the results of tions of inorganic arsenic may cause lung (4) Transfer of records. (i) Whenever that monitoring is known and no later cancer, and can be a skin irritant. Inorganic the employer ceases to do business, than October 1, 1978. arsenic may also affect your body if swalthe successor employer shall receive (4) Compliance program. The writlowed. One compound in particular, arsenic and retain all records required to be ten program required by paragraph trichloride, is especially dangerous because maintained by this section. (g)(4) as a result of initial monitoring it can be absorbed readily through the skin. (ii) Whenever the employer ceases to Because inorganic arsenic is a poison, you shall be made available for inspection should wash your hands thoroughly prior to do business and there is no successor and copying as soon as possible and no eating or smoking. employer to receive and retain the reclater than December 1, 1978. ords required to be maintained by this (5) Hygiene and lunchroom facili- III. PROTECTIVE CLOTHING AND EQUIPMENT section for the prescribed period, these ties. Construction plans for change- A. Respirators. Respirators will be prorecords shall be transmitted to the Dirooms, showers, lavatories, and lunchvided by your employer at no cost to you for rector. room facilities shall be completed no routine use if your employer is in the proc- (iii) At the expiration of the retenlater than December 1, 1978, and these ess of implementing engineering and work tion period for the records required to facilities shall be constructed and in practice controls or where engineering and be maintained by this section, the emwork practice controls are not feasible or inuse no later than July 1, 1979. Howevsufficient. You must wear respirators for ployer shall notify the Director at er, if as part of the compliance plan it non-routine activities or in emergency situa- FEDERAL REGISTER, VOL. 43, NO. 88-FRIDAY, MAY 5, 1978 19630 RULES AND REGULATIONS tions where you are likely to be exposed to VII. OBSERVATION OF MONITORING done using a personal sampling pump at a: levels of inorganic arsenic in excess of the Your employer is required to monitor flow rate of 2 liters per minute. Samples permissible exposure limit. Since how well your exposure to arsenic and you or your should be collected on 0.8 micrometer pore your respirator fits your face is very imporrepresentatives are entitled to observe the size membrane filter (37mm diameter). tant, your employer is required to conduct fit tests to make sure the respirator seals monitoring procedure. You are entitled to Volatile arsenicals such as arsenic trichloproperly when you wear it. These tests are receive an explanation of the measurement ride can be most easily collected in a midget procedure, and to record the results obbubbler filled with 15 ml. of 0.1 N NaOH. simple and rapid and will be explained to you during training sessions. tained. When the monitoring procedure is The method of sampling and analysis B. Protective clothing. If you work in a taking place in an area where respirators or should have an accuracy of not less than regulated area, your employer is required to personal protective clothing and equipment ±25 percent (with a confidence limit of 95 provide at no cost to you, and you must are required to be worn, you must also be percent) for 10 micrograms per cubic meter wear, appropriate, clean, protective clothing provided with and must wear the protective of air (10 µg/m³) and +35 percent (with a and equipment. The purpose of this equipclothing and equipment. confidence limit of 95 percent) for concenment is to prevent you from bringing to trations of inorganic arsenic between 5 and your home arsenic-contaminated dust and VIII. ACCESS TO RECORDS 10 µg/m³. to protect your body from repeated skin You or your representative are entitled to contact with inorganic arsenic likely to records of your exposure to inorganic ar- APPENDIX C-MEDICAL SURVEILLANCE cause skin irritation. This clothing should senic upon request to your employer. Your GUIDELINES include such items as coveralls or similar full-body clothing, gloves, shoes or coverlets, medical examination records can be furand aprons. Protective equipment should innished to your physician if you request your I. GENERAL clude face shields or vented goggles, where employer to provide them. Medical examinations are to be provided eye irritation may occur. for all employees exposed. to levels of inor- IX. TRAINING AND NOTIFICATION ganic arsenic above the action level (5 µg/ IV. HYGIENE FACILITIES AND PRACTICES Additional information on all of these m3) for at least 30 days per year (which You must not eat, drink, smoke, chew gum items plus training as to hazards of expowould include among others, all employees, or tobacco, or apply cosmetics in the regusure to inorganic arsenic and the engineerwho work in regulated areas). Examinations lated area, except that drinking water is ing and work practice controls associated are also to be provided to all employees who have had 10 years or more exposure above permitted. If you work in a regulated area with your job will also be provided by your the action level for more than 30 days per your employer is required to provide lunchemployer. If you are exposed over the peryear while working for the present or prederooms and other areas for these purposes. missible exposure limit, your employer must cessor employer though they may no longer If you work in a regulated area, your eminform you of that fact and the actions he is be exposed above the level. ployer is required to provide showers, washtaking to reduce your exposures. An initial medical examination is to be ing facilities, and change rooms. You must provided to all such employees by December wash your face, and hands before eating APPENDIX B-SUBSTANCE TECHNICAL 1, 1978. In addition, an initial medical examand must shower at the end of the work GUIDELINES ination is to be provided to all employees shift. Do not take used protective clothing who are first assigned to areas in which ARSENIC, ARSENIC TRIOXIDE, ARSENIC out of change rooms without your employ- TRICHLORIDE (THREE EXAMPLES) worker exposure will probably exceed 5 µg/ er's permission. Your employer is required m3 (after the effective date of this standard) to provide for laundering or cleaning of I. Physical and chemical properties at the time of initial assignment. In addition your protective clothing. A. Arsenic (metal). to its immediate diagnostic usefulness, the 1. Formula: As. initial examination will provide a baseline V. SIGNS AND LABELS for comparing future test results. The ini- 2. Appearance: Gray metal. tial examination must include as a mini- Your employer is required to post warning 3. Melting point: Sublimes without meltmum the following elements: signs and labels for your protection. Signs ing at 613C. (1) A work and medical history, including must be posted in regulated areas. The signs 4. Specific Gravity: (H20=1):5.73. a smoking history, and presence and degree must warn that a cancer hazard is present, 5. Solubility in water: Insoluble. of respiratory symptoms such as breathlessthat only authorized employees may enter B. Arsenic Trioxide. ness, cough, sputum production, and wheezthe area, and that no smoking or eating is 1. Formula: As203, (As406). ing; allowed, and that respirators must be worn. 2. Appearance: White powder. (2) A 14" by 17th posterior-anterior chest 3. Melting point: 315C. X-ray and an International Labor Office VI. MEDICAL EXAMINATIONS 4. Specific Gravity (H20=1):3.74. UICC/Cincinnati (ILO U/C) rating; If your exposure to arsenic is over the 5. Solubility in water: 3.7 grams in 100cc (3) A nasal and skin examination; Action Level (5 µg/m )-(including all perof water at 20c. (4) A Sputum Cytology examination; and sons working in regulated-areas) at least 30 C. Arsenic Trichloride (liquid). (5) Other examinations which the physidays per year, or you have been exposed to 1. Formula: AsC13. cian believes appropriate because of the emarsenic for more than 10 years over the 2. Appearance: Colorless or pale yellow ployee's exposure to inorganic arsenic or be- Action Level, your employer is required to liquid. cause of required respirator use. provide you with a medical examination. 3. Melting point: -8.5C. Periodic examinations are also to be pro- The examination shall be every 6 months 4. Boiling point: 130.2C. vided to the employees listed above. The pefor employees over 45 years old OF with 5. Specific Gravity (H20=1):2.16 at 20C. riodic examinations shall be given annually more than 10 years exposure over the 6. Vapor Pressure: 10mm Hg at 23.5C. for those covered employees 45 years of age Action Level and annually for other covered or less with fewer than 10 years employ- 7. Solubility in Water: Decomposes in employees. The medical examination must ment in areas where employee exposure exwater. include a medical history; a chest x-ray; skin ceeds the action level (5 µg/m³. Periodic exexamination; nasal examination and sputum II. Fire, explosion and reactivity data. aminations need not include sputum cytolcytology exam for the early detection of A. Fire: Arsenic, arsenic Trioxide and Arogy and only an updated medical history is required. lung cancer. The cytology exams are only senic Trichloride are nonflammable. Periodic examinations for other covered included in the initial exam and examina- B. Reactivity: employees, shall be provided every six (6) tions given after you are either 45 years or 1. Conditions Contributing to instability: months. These examinations shall include older or have 10 or more years employment Heat. all tests required in the initial examination, over the Action Level. The examining physi- 2. Incompatibility: Hydrogen gas can react except that the medical history need only cian will provide a written opinion to your with inorganic arsenic to form the highly be updated. employer containing the results of the toxic gas arsine. The examination contents are minimum medical exams. You should also receive a copy of this opinion. The physician must III. Monitoring and Measurement Procerequirements. Additional tests such as laterdures al and oblique X-rays or pulmonary funcnot tell your employer any conditions he detion tests may be useful. For workers extects unrelated to occupational exposure to Samples collected should be full shift (at posed to three arsenicals which are associatarsenic but must tell you those conditions. least 7-hour) samples. Sampling should be ed with lymphatic cancer, copper acetoar- FEDERAL REGISTER, VOL. 43, NO. 88-FRIDAY, MAY 5, 1978 RULES AND REGULATIONS 19631 senite, potassium arsenite, or sodium arsen- Chronic arsenical poisoning due to ingesmarrow, with disturbances of both erythroite the examination should also include paltion is rare and generally confined to papoiesis and myelopoiesis. pation of superficial lymph nodes and comtients taking prescribed medications. Howplete blood count. ever, it can be a concomitant of inhaled in- BIBLIOGRAPHY organic arsenic from swallowed sputum and II. NONCARCINOGENIC EFFECTS improper eating habits. Symptoms are Dinman, B. D. 1960. Arsenic; chronic The OSHA standard is based on minimizweight loss, nausea and diarrhea alternating human intoxication. J. Occup. Med. 2:137. ing risk of exposed workers dying of lung with constipation, pigmentation and erup- Elkins, H. B. 1959. The Chemistry of Incancer from exposure to inorganic arsenic. tion of the skin, loss of hair, and peripheral dustrial Toxicology, 2nd ed. John Wiley and It will also minimize skin cancer from such neuritis. Chronic hepatitis and cirrhosis Sons, New York. exposures. have been described. Polyneuritis may be Holmquist, L. 1951. Occupational arsenical The following three sections quoted from the salient feature, but more frequently dermatitis; a study among employees at a "Occupational Diseases: A Guide to Their there are numbness and parasthenias of copper-ore smelting works including investi- Recognition", Revised Edition, June 1977, "glove and stocking" distribution. The skin gations of skin reactions to contact with ar- National Institute for Occupational Safety lesions are usually melanotic and keratotic senic compounds. Acta. Derm. Venereol. and Health is included to provide informaand may occasionally take the form of an (Supp. 26) 31:1. tion on the nonneoplastic effects of expointradermal cancer of the squamous cell Pinto, S. S., and C. M. McGill. 1953. Arsure to inorganic arsenic. Such effects type, but without infiltrative properties. senic trioxide exposure in industry. Ind. should not occur if the OSHA standards are Horizontal white lines (striations) on the Med. Surg. 22:281. followed. fingernails and toenails are commonly seen Pinto, S. S., and K. W. Nelson. 1976. Ar- A. Local-Trivalent arsenic compounds in chronic arsenical poisoning and are consenic toxicology and industrial exposure. are corrosive to the skin. Brief contact has sidered to be a diagnostic accompaniment of Annu. Rev. Pharmacol Toxicol. 16:95. no effect but prolonged contact results in a arsenical polyneuritis. Vallee, B. L., D. D. Ulmer, and W. E. C. local hyperemia and later vesicular or pus- Inhalation of inorganic arsenic com- Wacker. 1960. Arsenic toxicology and biotular eruption. The moist mucous mempounds is the most common cause of chronchemistry. AMA Arch. Indust. Health branes are most sensitive to the irritant ic poisoning in the industrial situation. This 21:132. action. Conjunctiva, moist and macerated condition is divided into three phases based areas of skin, the eyelids, the angles of the on signs and symptoms. III. SPUTUM CYTOLOGY ears, nose, mouth, and respiratory mucosa First Phase: The worker complains of are also vulnerable to the irritant effects. weakness, loss of appetite, some nausea, oc- Sputum can be collected by aerosol inha- The wrists are common sites of dermatitis, casional vomiting, a sense of heaviness in lation during the medical exam or by sponas are the genitalia if personal hygiene is the stomach, and some diarrhea. taneous early morning cough at home. poor. Perforations of the nasal septum may Second Phase: The worker complains of Sputum is induced by transoral inhalation occur. Arsenic trioxide and pentoxide are conjunctivitis, a catarrhal state of the of an aerosolized solution of eight per cent capable of producing skin sensitization and mucous membranes of the nose, larynx, and (8 percent) sodium chloride in water. After contact dermatitis. Arsenic is also capable of respiratory passage. Coryza, hoarseness, and inhaling as few as three to five breaths the producing keratoses, especially of the palms mild tracheobronchitis may occur. Perforasubject usually yields an adequate sputum. and soles. tion of the nasal septum is common, and is All sputum should be collected directly into B. Systemic-The acute toxic effects of arprobably the most typical lesion of the sixty percent (60 percent) alcohol. senic are generally seen following ingestion upper respiratory tract in occupational ex- Scientific evidence suggests that chest X- of inorganic arsenical compounds. This posure to arsenical dust. Skin lesions, eczerays and sputum cytology should be used torarely occurs in an industrial setting. Sympmatoid and allergic in type. are common. gether as screening tests for lung tests for toms develop within 1/2 to 4 hours following Third Phase: The worker complains of lung cancer in high risk populations such as ingestion and are usually characterized by symptoms of peripheral neuritis, initially of workers exposed to inorganic arsenic. The construction of the throat followed by dyshands and feet, which is essentially sensory. tests are to be performed every six months phagia, epigastric pain, vomiting, and In more severe cases, motor paralyses occur; on workers who are 45 years of age or older watery diarrhea. Blood may appear in vomithe first muscles affected are usually the or have worked in the regulated area for 10 tus and stools. If the amount ingested is suftoe extensors and the peronel. In only the or more years. Since the tests seem to be ficiently high, shock' may develop due to most severe cases will paralysis of flexor complementary, it may be advantageous to severe fluid loss, and death may ensue in 24 muscles of the feet or of the extensor musalternate the test procedures. For instance, hours. If the acute effects are survived, excles of hands occur. chest X-rays could be obtained in June and foliative dermatitis and peripheral neuritis Liver damage from chronic arsenical poi- December and sputum cytologies could be may develop. soning is still debated, and as yet the quesobtained in March and September. Facilities Cases of acute arsenical poisoning due to tion is unanswered. In cases of chronic and for providing necessary diagnostic investigainhalation are exceedingly rare in industry. acute arsenical poisoning, toxic effects to tion should be readily available as well as When it does occur, respiratory tract sympthe myocardium have been reported based chest physicians, surgeons, radiologists, patoms-cough, chest pain, `dyspnea-giddion EKG changes. These findings, however, thologists and immunotherapists to provide ness, headache, and extreme general weakare now largely discounted and the EKG any necessary treatment services. ness precede gastrointestinal symptoms. changes are ascribed to electrolyte distur- The acute toxic symptoms of trivalent arbances concomitant with arsenicalism. Inha- (Pub. L 91-596; Secs. 4, 6, 8, 84 Stat. 1592, senical poisoning are due to severe inflamlation of arsenic trioxide and other inorgan- 1593, 1599 (29 U.S.C. 653, 655, 657); Secremation of the mucous membranes and ic arsenical dusts does not give rise to radiotary of Labor's Order 8-76 (41 FR 25059); 29 greatly increased permeability of the blood logical evidence or pneumoconiosis. Arsenic CFR Part 1911). capillaries. does have a depressant effect upon the bone [FR Doc. 78-12170 Filed 5-3-78; 11:00 am] FEDERAL REGISTER, VOL. 43, NO. 88-FRIDAY, MAY 5, 1978 would you like toknow if any changes have been made in certain titles of the CODE OF FEDERAL REGULATIONS without reading the Federal Register every day? If so, you may wish to subscribe to the "Cumulative List of CFR Sections Affected," the "Federal Register Index," or both. Cumulative List of CFR Sections Affected $10.00 per year The "Cumulative List of CFR Sections Affected" is designed to lead users of the Code of Federal Regulations to amendatory actions published in the Federal Register, and is issued monthly in cumulative form. Entries indicate the nature of the changes. Federal Register Index $8.00 per year Indexes covering the contents of the daily Federal Register are issued monthly, quarterly, and annually. Entries are carried primarily under the names of the issuing agencies. 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