1.0 PURPOSE
The purpose of this program is to establish and implement practices and procedures for protecting the health of Nitro Construction Services’ employees exposed to Hexavalent Chromium (VI) in the workplace.
2.0 RESPONSIBILITY
It is the responsibility of the site manager/superintendent to implement the requirements of this procedure.
3.0 COMPLIANCE
29 CFR 1910.1026
29 CFR 1926.1126
4.0 DEFINITIONS
4.1 Action Level – A concentration of airborne chromium (VI) of 2.5 micrograms per cubic meter of air calculated as an 8-hour time-weighted average (TWA).
4.2 Chromium (VI) [hexavalent chromium or Cr(VI)] – chromium with a valence of positive six, in any form and in any compound.
4.3 Employee Exposure – The exposure to airborne chromium (VI) that would occur if the employee were not using a respirator.
4.4 High-Efficiency Particulate Air (HEPA) filter – a filter that removes 99.97% of all particulate 0.3 microns or greater in diameter.
4.5 Regulated Area – An area, demarcated by the employer, where an employee’s exposure to an airborne concentration of chromium (VI) over 5 micrograms per cubic meter of air, calculated as an 8-hour time-weighted average (TWA).
4.6 Permissible Exposure Limit (PEL) – The employer shall ensure that no employee is exposed to an airborne concentration of chromium (VI) over 5 micrograms per cubic meter of air, calculated as an 8-hour time-weighted average (TWA).
5.0 PROCEDURE
5.1 Scheduled monitoring
5.1.1 The facility owner shall perform initial monitoring to determine the 8-hour TWA exposure for each employee, for each job classification, in each work area. Where a facility owner does representative sampling instead of sampling all employees to meet this requirement, the facility owner employer shall sample the employee(s) expected to have the highest chromium (VI) exposures.
5.1.2 If initial monitoring indicates that employee exposures are below the action level, the facility owner may discontinue monitoring for those employees whose exposures are represented by such monitoring.
5.1.3 If monitoring reveals employee exposures to be at or above the action level, the employer shall perform periodic monitoring at least every six months.
5.1.4 If monitoring reveals employee exposures to be above the PEL, the employer shall perform periodic monitoring at least every three months.
5.1.5 If periodic monitoring indicates that employee exposures are below the action level, and the result is confirmed by the result of another monitoring taken at least seven days later, the employer may discontinue the monitoring for those employees whose exposures are represented by such monitoring.
5.1.6 The employer shall perform additional monitoring when there has been any change in the production process, raw materials, equipment, personnel, work practices, or control methods that may result in new or additional exposures to chromium (VI), or when the employer has any reason to believe that new or additional exposures have occurred.
5.2 Performance-oriented monitoring option
5.2.1 The employer shall determine the 8-hour TWA exposure for each employee based on any combination of air monitoring data, historical monitoring data, or objective data sufficient to accurately characterize employee exposure to chromium (VI).
5.3 Employee notification of results
5.3.1 Within 5 workdays after making an exposure determination per sections 5.1 or 5.2 above, the facility owner shall individually notify each affected employee in writing of the results of that determination or post the results in an appropriate location accessible to all affected employees.
5.3.2 Whenever the exposure determination indicates that employee exposure is above the PEL, the employer shall describe in the written notification the corrective action being taken to reduce employee exposure to or below the PEL.
5.4 Observation of monitoring
5.4.1 The facility owner shall provide affected employees or their designated representatives an opportunity to observe any monitoring of employee exposure to chromium (VI).
5.4.2 When observation of monitoring requires entry into an area where the use of protective clothing or equipment is required, the facility owner shall provide the observer with clothing and equipment and shall assure that the observer uses such clothing and equipment and complies with all other applicable safety and health procedures.
6.0 ENGINEERING AND WORK PRACTICE CONTROLS
6.1 The employer shall use engineering and work practice controls to reduce and maintain employee exposure to chromium (VI) to or below the PEL unless the employer can demonstrate that such controls are not feasible.
6.1.1 Wherever feasible engineering and work practice controls are not sufficient to reduce employee exposure to or below the PEL, the employer shall use them to reduce employee exposure to the lowest levels achievable and shall supplement them by the use of respiratory protection that complies with the requirements of Section 7.0.
6.2 Where the employer can demonstrate that a process or task does not result in any employee exposure to chromium (VI) above the PEL for 30 or more days per year (12 consecutive months), the requirement to implement engineering and work practice controls to achieve the PEL does not apply to that process or task.
6.3 The employer shall not rotate employees to different jobs to achieve compliance with the PEL.
6.4 Surfaces shall be maintained as free as practicable of accumulation of chromium. All spills and releases of chromium shall be cleaned promptly. Methods of cleaning include HEPA filtered vacuums, dry or wet sweeping, shoveling, or other methods to minimize exposure.
7.0 RESPIRATORY PROTECTION
7.1 Where respiratory protection is required by this section, the employer must provide each employee an appropriate respirator that complies with the requirements of this paragraph. Respiratory protection is required during:
7.1.1 Periods necessary to install or implement feasible engineering and work practice controls;
7.1.2 Work operations, such as maintenance and repair activities, for which engineering and work practice controls are not feasible;
7.1.3 Work operations for which an employer has implemented all feasible engineering and work practice controls and such controls are not sufficient to reduce exposures to or below the PEL;
7.1.4 Work operations where employees are exposed above the PEL for fewer than 30 days per year, and the employer has elected not to implement engineering and work practice controls to achieve the PEL; or
7.1.5 Emergencies.
7.2 Respiratory Protection Program
7.2.1 Where respirator use is required by this procedure, the facility owner shall institute a respiratory protection program per the Respiratory Protection Standard, which covers each employee required to use a respirator.
8.0 PROTECTIVE WORK CLOTHING AND EQUIPMENT
8.1 Where a hazard is present or is likely to be present from skin or eye contact with chromium (VI), the facility owner shall provide appropriate personal protective clothing and equipment at no cost to employees, and shall ensure that employees use such clothing and equipment.
8.2 The facility owner shall ensure that employees remove all protective clothing and equipment contaminated with chromium (VI) at the end of the work shift or after their tasks involving chromium (VI) exposure, whichever comes first.
8.3 The facility owner shall ensure that no employee removes chromium (VI)-contaminated protective clothing or equipment from the workplace, except for those employees whose job it is to launder, clean, maintain, or dispose of such clothing or equipment.
8.4 When contaminated protective clothing or equipment is removed for laundering, cleaning, maintenance, or disposal, the facility owner shall ensure that it is stored and transported in sealed, impermeable bags or other closed, impermeable containers.
8.5 Bags or containers of contaminated protective clothing or equipment that are removed from change rooms for laundering, cleaning, maintenance, or disposal shall be labeled per the requirements of the Hazard Communication Standard.
8.6 The facility owner shall clean, launder, repair, and replace all protective clothing and equipment required by this procedure as needed to maintain its effectiveness.
8.7 The removal of chromium (VI) from protective clothing and equipment by blowing, shaking, or any other means that disperses chromium (VI) into the air or onto an employee’s body is strictly prohibited.
8.8 The facility owner shall inform any person who launders or cleans protective clothing or equipment contaminated with chromium (VI) of the potentially harmful effects of exposure to chromium (VI) and that the clothing and equipment should be laundered or cleaned in a manner that minimizes skin or eye contact with chromium (VI) and effectively prevents the release of airborne chromium (VI) over the PEL.
9.0 HYGIENE AREAS AND PRACTICES
9.1 Where protective clothing and equipment is required, the facility owner or employer shall provide change rooms for employees.
9.1.1 The employer shall assure that change rooms are equipped with separate storage facilities for protective clothing and equipment for street clothes and that these facilities prevent cross-contamination.
9.2 Where skin contact with chromium (VI) occurs, the facility owner or employer shall provide washing facilities for employees.
9.2.1 The facility owner or employer shall provide readily accessible washing facilities capable of removing chromium (VI) from the skin, and shall ensure that affected employees use these facilities when necessary.
9.2.2 The facility owner or employer shall ensure that employees who have skin contact with chromium (VI) wash their hands and faces at the end of the work shift and before eating, drinking, smoking, chewing tobacco or gum, applying cosmetics, or using the toilet
9.3 Eating and drinking shall be allowed in designated areas only and shall not be permissible in areas where chromium (VI) is present.
9.3.1 Whenever the employer allows employees to consume food or beverages at a worksite where chromium (VI) is present, the employer shall ensure that eating and drinking areas and surfaces are maintained as free as practicable of chromium (VI).
9.3.2 The employer shall ensure that employees do not enter eating and drinking areas with protective work clothing or equipment unless surface chromium (VI) has been removed from the clothing and equipment by methods that do not disperse chromium (VI) into the air or onto an employee’s body.
9.3.3 The facility owner or employer shall ensure that employees do not eat, drink, smoke, chew tobacco or gum, or apply cosmetics in areas where skin or eye contact with chromium (VI) occurs; or carry the products associated with these activities, or store such products in these areas.
10.0 REGULATED WORK AREAS
10.1 Warning signs will be posted in the work area around activities where chromium (VI) exposures may exceed the Permissible Exposure Limit. The work area can be demarcated by ropes, tape, walls, or containments.
10.2 Signs will be posted at every accessible side of the work area. These signs will be easily visible from a distance so that employees can read the sign and take necessary protective measures before entering the work area. Signs will read as follows:
WARNING, CHROMIUM, CANCER HAZARD, AUTHORIZED PERSONNEL ONLY, NO SMOKING OR EATING, RESPIRATOR REQUIRED.
10.3 The competent person will control access of persons into the regulated work area.
10.4 All persons entering the regulated work areas will wear protective clothing and respirators.
10.5 Eating, drinking, smoking, chewing tobacco or gum, and the application of cosmetics are prohibited in regulated work areas.
11.0 MEDICAL SURVEILLANCE
11.1 The facility owner or employer shall make medical surveillance available at no cost to the employee, and at a reasonable time and place, for all employees:
11.1.1 Who are or may be occupationally exposed to chromium (VI) at or above the action level for 30 or more days a year;
11.1.2 Experiencing signs or symptoms of the adverse health effects associated with chromium (VI) exposure; or
11.1.3 Exposed in an emergency.
11.2 The employer shall assure that all medical examinations and procedures required by this section are performed by or under the supervision of a PLHCP.
11.3 The employer shall provide a medical examination:
11.3.1 Within 30 days after the initial assignment, unless the employee has received a chromium (VI) related medical examination that meets the requirements of this paragraph within the last twelve months.
11.3.2 Annually;
11.3.3 Within 30 days after a PLHCP’s written medical opinion recommends an additional examination;
11.3.4 Whenever an employee shows signs or symptoms of the adverse health effects associated with chromium (VI) exposure;
11.3.5 Within 30 days after exposure during an emergency which results in an uncontrolled release of chromium (VI); or
11.3.6 At the termination of employment, unless the last examination that satisfied the requirements of paragraph (i) of this section was less than six months before the date of termination.
11.4 The medical examination shall consist of the following:
11.4.1 A medical and work history, with emphasis on past, present, and anticipated future exposure to chromium (VI); any history of respiratory system dysfunction; any history of asthma, dermatitis, skin ulceration, or nasal septum perforation; and smoking status and history;
11.4.2 A physical examination of the skin and respiratory tract; and
11.4.3 Any additional tests deemed appropriate by the examining PLHCP.
11.5 The facility owner or employer shall ensure that the examining PLHCP has a copy of this standard, and shall provide the following information:
11.5.1 A description of the affected employee’s former, current, and anticipated duties as they relate to the employee’s occupational exposure to chromium (VI);
11.5.2 The employee’s former, current, and anticipated levels of occupational exposure to chromium (VI);
11.5.3 A description of any personal protective equipment used or to be used by the employee, including when and for how long the employee has used that equipment; and
11.5.4 Information from records of employment-related medical examinations previously provided to the affected employee, currently within the control of the employer.
11.6 The employer shall obtain a written medical opinion from the PLHCP, within 30 days for each medical examination performed on each employee, which contains:
11.6.1 The PLHCP’s opinion as to whether the employee has any detected medical condition(s) that would place the employee at increased risk of material impairment to health from further exposure to chromium (VI);
11.6.2 Any recommended limitations upon the employee’s exposure to chromium (VI) or upon the use of personal protective equipment such as respirators;
11.6.3 A statement that the PLHCP has explained to the employee the results of the medical examination, including any medical conditions related to chromium (VI) exposure that require further evaluation or treatment, and any special provisions for use of protective clothing or equipment.
11.7 The PLHCP shall not reveal to the employer specific findings or diagnoses unrelated to occupational exposure to chromium (VI).
11.8 The employer shall provide a copy of the PLHCP’s written medical opinion to the examined employee within two weeks after receiving it.
12.0 EMPLOYEE INFORMATION AND TRAINING
12.1 The employer shall ensure that each employee can demonstrate knowledge of at least the following:
12.1.1 The contents of this procedure; and
12.1.2 The purpose and a description of the medical surveillance program.
12.2 The employer shall make a copy of this section readily available without cost to all affected employees.
13.0 RECORDKEEPING
13.1 The employer shall maintain an accurate record of all air monitoring conducted to comply with the requirements of this procedure.
13.2 This record shall include at least the following information:
13.2.1 The date of measurement for each sample taken;
13.2.2 The operation involving exposure to chromium (VI) that is being monitored;
13.2.3 Sampling and analytical methods used and evidence of their accuracy;
13.2.4 Number, duration, and the results of samples taken;
13.2.5 Type of personal protective equipment, such as respirators worn; and
13.2.6 Name, social security number, and job classification of all employees represented by the monitoring, indicating which employees were monitored.
13.3 The employer shall ensure that exposure records are maintained and made available per 29 CFR 1910.1020.
13.4 Historical Monitoring Data
13.4.1 Where the facility owner or employer has relied on historical monitoring data to determine exposure to chromium (VI), the employer shall establish and maintain an accurate record of the historical monitoring data relied upon.
13.4.2 The record shall include information that reflects the following conditions:
13.4.2.1 The data were collected using methods that meet the accuracy requirements of the Hexavalent Chromium standard;
13.4.2.2 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 exposure is being determined;
13.4.2.3 The characteristics of the chromium (VI) containing material being handled when the historical monitoring data were obtained are the same as those on the job for which exposure is being determined;
13.4.2.4 Environmental conditions prevailing when the historical monitoring data were obtained are the same as those on the job for which exposure is being determined; and
13.4.2.5 Other data relevant to the operations, materials, processing, or employee exposures covered by the exception.
13.4.3 The employer shall ensure that historical exposure records are maintained and made available per 29 CFR 1910.1020.
14.0 OBJECTIVE DATA
14.1 The employer shall maintain an accurate record of all objective data relied upon to comply with the requirements of this section.
14.2 This record shall include at least the following information:
14.2.1 The chromium-containing material in question.
14.2.2 The source of the objective data;
14.2.3 The testing protocol and results of testing, or analysis of the material for the release of chromium (VI);
14.2.4 A description of the process, operation, or activity and how the data support the determination; and
14.2.5 Other data relevant to the process, operation, activity, material, or employee exposures.
14.3 The employer shall ensure that objective data are maintained and made available per 29 CFR 1910.1020.
15.0 OTHER RELEVANT INFORMATION
15.1 The compliance program will be kept available at the worksite for examination by an affected employee or authorized person/agency.
15.2 The compliance program will be revised and updated at least annually