=E2=80=A2	Browse
=E2=80=A2	Simple=20 Search
=E2=80=A2	Advanced=20 Search
	*=20 Boolean
	* Proximity
=E2=80=A2	Search=20 History
=E2=80=A2	Search=20 Tips
=E2=80=A2	Corrections
=E2=80=A2	Latest=20 Updates
=E2=80=A2	User=20 Info
=E2=80=A2	FAQs
=E2=80=A2	Agency=20 List
=E2=80=A2	Incorporation=20 by Reference
=E2=80=A2	e-CFR=20 Main Page

Download the Code of=20 Federal Regulations in XML.

The Electronic=20 Code of Federal Regulations (e-CFR) is a regularly updated, = unofficial=20 editorial compilation of CFR material and Federal Register = amendments=20 produced by the National Archives and Records Administration's = Office of=20 the Federal Register (OFR) and the Government Printing Office. =

Parallel Table of Authorities and Rules for the Code of = Federal=20 Regulations and the United States Code
Text | PDF

Find, review, and submit comments on Federal rules that are = open for=20 comment and published in the Federal Register using Regulations.gov.

Purchase=20 individual CFR titles from the U.S. Government Online = Bookstore.=20

Find issues of the CFR (including issues prior to 1996) at a = local Federal = depository=20 library.

[1]

Electronic Code of Federal Regulations

As of October 9, 2012, the e-CFR resides at a new = URL.=20 Please reset your bookmarks, favorites, links and desktop = shortcuts to:=20 www.ecfr.gov.

e-CFR Data is current as of January 28, = 2013=20

Br= owse=20 Previous | Br= owse=20 Next

Title 29: Labor
PART=20 1926=E2=80=94SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION =
Subpart=20 D=E2=80=94Occupational Health and Environmental Controls

=C2=A7 1926.60 Methylenedianiline.

(a) Scope and = application. (1)=20 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=20 to the following:

(i) Construction, alteration, repair, maintenance, or = renovation of=20 structures, substrates, or portions thereof, that contain MDA;

(ii) Installation or the finishing of surfaces with products = containing=20 MDA;

(iii) MDA spill/emergency cleanup at construction sites; = and

(iv) Transportation, disposal, storage, or containment of MDA = or=20 products containing MDA on the site or location at which = construction=20 activities are performed.

(2) Except as provided in paragraphs (a)(7) and (f)(5) of this = section,=20 this section does not apply to the processing, use, and handling = of=20 products containing MDA where initial monitoring indicates that = the=20 product is not capable of releasing MDA in excess of the action = level=20 under the expected conditions of processing, use, and handling = which will=20 cause the greatest possible release; and where no =E2=80=9Cdermal = exposure to MDA=E2=80=9D=20 can occur.

(3) Except as provided in paragraph (a)(7) of this section, = this=20 section does not apply to the processing, use, and handling of = products=20 containing MDA where objective data are reasonably relied upon = which=20 demonstrate the product is not capable of releasing MDA under the = expected=20 conditions of processing, use, and handling which will cause the = greatest=20 possible release; and where no =E2=80=9Cdermal exposure to = MDA=E2=80=9D can occur.

(4) Except as provided in paragraph (a)(7) of this section, = this=20 section does not apply to the storage, transportation, = distribution or=20 sale of MDA in intact containers sealed in such a manner as to = contain the=20 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=20 section does not apply to materials in any form which contain less = than=20 0.1% MDA by weight or volume.

(6) Except as provided in paragraph (a)(7) of this section, = this=20 section does not apply to =E2=80=9Cfinished articles containing = MDA.=E2=80=9D

(7) Where products containing MDA are exempted under paragraphs = (a)(2)=20 through (a)(6) of this section, the employer shall maintain = records of the=20 initial monitoring results or objective data supporting that = exemption and=20 the basis for the employer's reliance on the data, as provided in = the=20 recordkeeping provision of paragraph (o) of this section.

(b) Definitions. For = the=20 purpose of this section, the following definitions shall = apply:

Action level means a=20 concentration of airborne MDA of 5 ppb as an eight (8)-hour = time-weighted=20 average.

Assistant Secretary = means the=20 Assistant Secretary of Labor for Occupational Safety and Health, = U.S.=20 Department of Labor, or designee.

Authorized person = means any=20 person specifically authorized by the employer whose duties = require the=20 person to enter a regulated area, or any person entering such an = area as a=20 designated representative of employees for the purpose of = exercising the=20 right to observe monitoring and measuring procedures under = paragraph (p)=20 of this section, or any other person authorized by the Act or = regulations=20 issued under the Act.

Container means any = barrel,=20 bottle, can, cylinder, drum, reaction vessel, storage tank, = commercial=20 packaging or the like, but does not include piping systems.

Decontamination area = means an=20 area outside of but as near as practical to the regulated area, = consisting=20 of an equipment storage area, wash area, and clean change area, = which is=20 used for the decontamination of workers, materials, and equipment=20 contaminated with MDA.

Dermal exposure to = MDA occurs=20 where employees are engaged in the handling, application or use of = mixtures or materials containing MDA, with any of the following=20 non-airborne forms of MDA:

(i) Liquid, powdered, granular, or flaked mixtures containing = MDA in=20 concentrations greater than 0.1% by weight or volume; and

(ii) Materials other than =E2=80=9Cfinished articles=E2=80=9D = containing MDA in=20 concentrations greater than 0.1% by weight or volume.

Director means the = Director of=20 the National Institute for Occupational Safety and Health, U.S. = Department=20 of Health and Human Services, or designee.

Emergency means any = occurrence=20 such as, but not limited to, equipment failure, rupture of = containers, or=20 failure of control equipment which results in an unexpected and=20 potentially hazardous release of MDA.

Employee exposure = means=20 exposure to MDA which would occur if the employee were not using=20 respirators or protective work clothing and equipment.

Finished article containing = MDA=20 is defined as a manufactured item:

(i) Which is formed to a specific shape or design during=20 manufacture;

(ii) Which has end use function(s) dependent in whole or part = upon its=20 shape or design during end use; and

(iii) Where applicable, is an item which is fully cured by = virtue of=20 having been subjected to the conditions (temperature, time) = necessary to=20 complete the desired chemical reaction.

Historical monitoring = data=20 means monitoring data for construction jobs that meet the = following=20 conditions:

(i) The data upon which judgments are based are scientifically = sound=20 and were collected using methods that are sufficiently accurate = and=20 precise;

(ii) The processes and work practices that were in use when the = historical monitoring data were obtained are essentially the same = as those=20 to be used during the job for which initial monitoring will not be = performed;

(iii) The characteristics of the MDA-containing material being = handled=20 when the historical monitoring data were obtained are the same as = those on=20 the job for which initial monitoring will not be performed;

(iv) Environmental conditions prevailing when the historical = monitoring=20 data were obtained are the same as those on the job for which = initial=20 monitoring will not be performed; and

(v) Other data relevant to the operations, materials, = processing, or=20 employee exposures covered by the exception are substantially = similar. The=20 data must be scientifically sound, the characteristics of the MDA=20 containing material must be similar and the environmental = conditions=20 comparable.

4,4 =E2=80=B2 Methylenedianiline or MDA = means the=20 chemical; 4,4=E2=80=B2-diaminodiphenylmethane, Chemical Abstract = Service Registry=20 number 101-77-9, in the form of a vapor, liquid, or solid. The = definition=20 also includes the salts of MDA.

Regulated Areas means = areas=20 where airborne concentrations of MDA exceed or can reasonably be = expected=20 to exceed, the permissible exposure limits, or where = =E2=80=9Cdermal exposure to=20 MDA=E2=80=9D can occur.

STEL means short term = exposure=20 limit as determined by any 15-minute sample period.

(c) Permissible exposure=20 limits. The employer shall assure that no employee is = exposed to an=20 airborne concentration of MDA in excess of ten parts per billion = (10 ppb)=20 as an 8-hour time-weighted average and a STEL of one hundred parts = per=20 billion (100 ppb).

(d) Communication among=20 employers. On multi-employer worksites, an employer = performing work=20 involving the application of MDA or materials containing MDA for = which=20 establishment of one or more regulated areas is required shall = inform=20 other employers on the site of the nature of the employer's work = with MDA=20 and of the existence of, and requirements pertaining to, regulated = areas.

(e) Emergency = situations =E2=80=94(1)=20 Written plan. (i) A = written plan=20 for emergency situations shall be developed for each construction=20 operation where there is a possibility of an emergency. The plan = shall=20 include procedures where the employer identifies emergency escape = routes=20 for his employees at each construction site before the = construction=20 operation begins. Appropriate portions of the plan shall be = implemented in=20 the event of an emergency.

(ii) The plan shall specifically provide that employees engaged = in=20 correcting emergency conditions shall be equipped with the = appropriate=20 personal protective equipment and clothing as required in = paragraphs (i)=20 and (j) of this section until the emergency is abated.

(iii) The plan shall specifically include provisions for = alerting and=20 evacuating affected employees as well as the applicable elements=20 prescribed in 29 CFR 1910.38 and 29 CFR 1910.39, = =E2=80=9CEmergency action plans=E2=80=9D=20 and =E2=80=9CFire prevention plans,=E2=80=9D respectively.

(2) Alerting = employees. Where=20 there is the possibility of employee exposure to MDA due to an = emergency,=20 means shall be developed to promptly alert employees who have the=20 potential to be directly exposed. Affected employees not engaged = in=20 correcting emergency conditions shall be evacuated immediately in = the=20 event that an emergency occurs. Means shall also be developed for = alerting=20 other employees who may be exposed as a result of the = emergency.

(f) Exposure = monitoring =E2=80=94(1)=20 General. (i) = Determinations of=20 employee exposure shall be made from breathing zone air samples = that are=20 representative of each employee's exposure to airborne MDA over an = eight=20 (8) hour period. Determination of employee exposure to the STEL = shall be=20 made from breathing zone air samples collected over a 15 minute = sampling=20 period.

(ii) Representative employee exposure shall be determined on = the basis=20 of one or more samples representing full shift exposure for each = shift for=20 each job classification in each work area where exposure to MDA = may=20 occur.

(iii) Where the employer can document that exposure levels are=20 equivalent for similar operations in different work shifts, the = employer=20 shall only be required to determine representative employee = exposure for=20 that operation during one shift.

(2) Initial = monitoring. Each=20 employer who has a workplace or work operation covered by this = standard=20 shall perform initial monitoring to determine accurately the = airborne=20 concentrations of MDA to which employees may be exposed = unless:

(i) The employer can demonstrate, on the basis of objective = data, that=20 the MDA-containing product or material being handled cannot cause=20 exposures above the standard's action level, even under worst-case = release=20 conditions; or

(ii) The employer has historical monitoring or other data = demonstrating=20 that exposures on a particular job will be below the action = level.

(3) Periodic monitoring and = monitoring=20 frequency. (i) If the monitoring required by paragraph = (f)(2) of=20 this section reveals employee exposure at or above the action = level, but=20 at or below the PELs, the employer shall repeat such monitoring = for each=20 such employee at least every six (6) months.

(ii) If the monitoring required by paragraph (f)(2) of this = section=20 reveals employee exposure above the PELs, the employer shall = repeat such=20 monitoring for each such employee at least every three (3) = months.

(iii) Employers who are conducting MDA operations within a = regulated=20 area can forego periodic monitoring if the employees are all = wearing=20 supplied-air respirators while working in the regulated area.

(iv) The employer may alter the monitoring schedule from every = three=20 months to every six months for any employee for whom two = consecutive=20 measurements taken at least 7 days apart indicate that the = employee=20 exposure has decreased to below the PELs but above the action = level.

(4) Termination of = monitoring.=20 (i) If the initial monitoring required by paragraph (f)(2) of this = section=20 reveals employee exposure to be below the action level, the = employer may=20 discontinue the monitoring for that employee, except as otherwise = required=20 by paragraph (f)(5) of this section.

(ii) If the periodic monitoring required by paragraph (f)(3) of = this=20 section reveals that employee exposures, as indicated by at least = two=20 consecutive measurements taken at least 7 days apart, are below = the action=20 level the employer may discontinue the monitoring for that = employee,=20 except as otherwise required by paragraph (f)(5) of this = section.

(5) Additional = monitoring. The=20 employer shall institute the exposure monitoring required under = paragraphs=20 (f)(2) and (f)(3) of this section when there has been a change in=20 production process, chemicals present, control equipment, = personnel, or=20 work practices which may result in new or additional exposures to = MDA, or=20 when the employer has any reason to suspect a change which may = result in=20 new or additional exposures.

(6) Accuracy of = monitoring.=20 Monitoring shall be accurate, to a confidence level of 95 percent, = to=20 within plus or minus 25 percent for airborne concentrations of = MDA.

(7) Employee notification of = monitoring results. (i) The employer must, as soon as = possible but=20 no later than 5 working days after the receipt of the results of = any=20 monitoring performed under this section, notify each affected = employee of=20 these results either individually in writing or by posting the = results in=20 an appropriate location that is accessible to employees.

(ii) The written notification required by paragraph (f)(7)(i) = of this=20 section shall contain the corrective action being taken by the = employer or=20 any other protective measures which have been implemented to = reduce the=20 employee exposure to or below the PELs, wherever the PELs are=20 exceeded.

(8) Visual = monitoring. The=20 employer shall make routine inspections of employee hands, face = and=20 forearms potentially exposed to MDA. Other potential dermal = exposures=20 reported by the employee must be referred to the appropriate = medical=20 personnel for observation. If the employer determines that the = employee=20 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=20 paragraph (o) of this section.

(g) Regulated areas = =E2=80=94(1) Establishment =E2=80=94(i) = Airborne exposures. The = employer shall=20 establish regulated areas where airborne concentrations of MDA = exceed or=20 can reasonably be expected to exceed, the permissible exposure = limits.

(ii) Dermal = exposures. Where=20 employees are subject to =E2=80=9Cdermal exposure to MDA=E2=80=9D = the employer shall=20 establish those work areas as regulated areas.

(2) Demarcation. = Regulated=20 areas shall be demarcated from the rest of the workplace in a = manner that=20 minimizes the number of persons potentially exposed.

(3) Access. Access to = regulated=20 areas shall be limited to authorized persons.

(4) Personal protective = equipment and=20 clothing. Each person entering a regulated area shall be = supplied=20 with, and required to use, the appropriate personal protective = clothing=20 and equipment in accordance with paragraphs (i) and (j) of this=20 section.

(5) Prohibited = activities. The=20 employer shall ensure that employees do not eat, drink, smoke, = chew=20 tobacco or gum, or apply cosmetics in regulated areas.

(h) Methods of = compliance =E2=80=94(1)=20 Engineering controls and work = practices=20 and respirators. (i) The employer shall use one or any = combination=20 of the following control methods to achieve compliance with the=20 permissible exposure limits prescribed by paragraph (c) of this=20 section:

(A) Local exhaust ventilation equipped with HEPA filter dust = collection=20 systems;

(B) General ventilation systems;

(D) Other engineering controls such as isolation and enclosure = that the=20 Assistant Secretary can show to be feasible.

(ii) Wherever the feasible engineering controls and work = practices=20 =E2=80=9Cwhich can be instituted are not sufficient to reduce = employee exposure to=20 or below the PELs, the employer shall use them to reduce employee = exposure=20 to the lowest levels achievable by these controls and shall = supplement=20 them by the use of respiratory protective devices which comply = with the=20 requirements of paragraph (i) of this section.

(2) Special = Provisions. For=20 workers engaged in spray application methods, respiratory = protection must=20 be used in addition to feasible engineering controls and work = practices to=20 reduce employee exposure to or below the PELs.

(3) Prohibitions. = Compressed=20 air shall not be used to remove MDA, unless the compressed air is = used in=20 conjunction with an enclosed ventilation system designed to = capture the=20 dust cloud created by the compressed air.

(4) Employee = rotation. The=20 employer shall not use employee rotation as a means of compliance = with the=20 exposure limits prescribed in paragraph (c) of this section.

(5) Compliance = program. (i) The=20 employer shall establish and implement a written program to reduce = employee exposure to or below the PELs by means of engineering and = work=20 practice controls, as required by paragraph (h)(1) of this = section, and by=20 use of respiratory protection where permitted under this = section.

(ii) Upon request this written program shall be furnished for=20 examination and copying to the Assistant Secretary, the Director, = affected=20 employees and designated employee representatives. The employer = shall=20 review and, as necessary, update such plans at least once every 12 = months=20 to make certain they reflect the current status of the = program.

(i) Respiratory = protection =E2=80=94(1)=20 General. For employees = who use=20 respirators required by this section, the employer must provide = each=20 employee an appropriate respirator that complies with the = requirements of=20 this paragraph. Respirators must be used during:

(i) Periods necessary to install or implement feasible = engineering and=20 work-practice controls.

(ii) Work operations, such as maintenance and repair activities = and=20 spray-application processes, for which engineering and = work-practice=20 controls are not feasible.

(iii) Work operations for which feasible engineering and = work-practice=20 controls are not yet sufficient to reduce employee exposure to or = below=20 the PELs.

(iv) Emergencies.

(2) Respirator = program. The=20 employer must implement a respiratory protection program in = accordance=20 with =C2=A7 1910.134 (b) through (d) (except (d)(1)(iii)), = and (f) through=20 (m), which covers each employee required by this section to use a=20 respirator.

(3) Respirator = selection. (i)=20 Employers must:

(A) Select, and provide to employees, the appropriate = respirators=20 specified in paragraph (d)(3)(i)(A) of 29 CFR 1910.134.

(B) Provide HEPA filters for powered and non-powered = air-purifying=20 respirators.

(C) For escape, provide employees with one of the following = respirator=20 options: Any self-contained breathing apparatus with a full = facepiece or=20 hood operated in the positive-pressure or continuous-flow mode; or = a full=20 facepiece air-purifying respirator.

(D) Provide a combination HEPA filter and organic vapor = canister or=20 cartridge with air-purifying respirators when MDA is in liquid = form or=20 used as part of a process requiring heat.

(ii) An employee who cannot use a negative-pressure respirator = must be=20 given the option of using a positive-pressure respirator, or a=20 supplied-air respirator operated in the continuous-flow or = pressure-demand=20 mode.

(j) Protective work clothing = and=20 equipment =E2=80=94(1) Provision and=20 use. Where employees are subject to dermal exposure to MDA, = where=20 liquids containing MDA can be splashed into the eyes, or where = airborne=20 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,=20 appropriate protective work clothing and equipment which prevent = contact=20 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=20 1910.133.

(2) Removal and = storage. (i)=20 The employer shall ensure that, at the end of their work shift, = employees=20 remove MDA-contaminated protective work clothing and equipment = that is not=20 routinely removed throughout the day in change areas provided in=20 accordance with the provisions in paragraph (k) of this = section.

(ii) The employer shall ensure that, during their work shift, = employees=20 remove all other MDA-contaminated protective work clothing or = equipment=20 before leaving a regulated area.

(iii) The employer shall ensure that no employee takes = MDA-contaminated=20 work clothing or equipment out of the decontamination areas, = except those=20 employees authorized to do so for the purpose of laundering, = maintenance,=20 or disposal.

(iv) MDA-contaminated work clothing or equipment shall be = placed and=20 stored and transported in sealed, impermeable bags, or other = closed=20 impermeable containers.

(v) Containers of MDA-contaminated protective work clothing or=20 equipment which are to be taken out of decontamination areas or = the=20 workplace for cleaning, maintenance, or disposal, shall bear = labels=20 warning of the hazards of MDA.

(3) Cleaning and = replacement.=20 (i) The employer shall provide the employee with clean protective = clothing=20 and equipment. The employer shall ensure that protective work = clothing or=20 equipment required by this paragraph is cleaned, laundered, = repaired, or=20 replaced at intervals appropriate to maintain its = effectiveness.

(ii) The employer shall prohibit the removal of MDA from = protective=20 work clothing or equipment by blowing, shaking, or any methods = which allow=20 MDA to re-enter the workplace.

(iii) The employer shall ensure that laundering of = MDA-contaminated=20 clothing shall be done so as to prevent the release of MDA in the=20 workplace.

(iv) Any employer who gives MDA-contaminated clothing to = another person=20 for laundering shall inform such person of the requirement to = prevent the=20 release of MDA.

(v) The employer shall inform any person who launders or cleans = protective clothing or equipment contaminated with MDA of the = potentially=20 harmful effects of exposure.

(4) Visual = Examination. (i) The=20 employer shall ensure that employees' work clothing is examined=20 periodically for rips or tears that may occur during performance = of=20 work.

(ii) When rips or tears are detected, the protective equipment = or=20 clothing shall be repaired and replaced immediately.

(k) Hygiene facilities and=20 practices =E2=80=94(1) General. (i)=20 The employer shall provide decontamination areas for employees = required to=20 work in regulated areas or required by paragraph (j)(1) of this = section to=20 wear protective clothing. Exception: In lieu of the=20 decontamination area requirement specified in paragraph (k)(1)(i) = of this=20 section, the employer may permit employees engaged in small scale, = short=20 duration operations, to clean their protective clothing or dispose = of the=20 protective clothing before such employees leave the area where the = work=20 was performed.

(ii) Change areas. = The employer=20 shall ensure that change areas are equipped with separate storage=20 facilities for protective clothing and street clothing, in = accordance with=20 29 CFR 1910.141(e).

(iii) Equipment area. = The=20 equipment area shall be supplied with impermeable, labeled bags = and=20 containers for the containment and disposal of contaminated = protective=20 clothing and equipment.

(2) Shower area. (i) = Where=20 feasible, shower facilities shall be provided which comply with 29 = CFR=20 1910.141(d)(3) wherever the possibility of employee exposure to = airborne=20 levels of MDA in excess of the permissible exposure limit = exists.

(ii) Where dermal exposure to MDA occurs, the employer shall = ensure=20 that materials spilled or deposited on the skin are removed as = soon as=20 possible by methods which do not facilitate the dermal absorption = of=20 MDA.

(3) Lunch Areas. (i) = Whenever=20 food or beverages are consumed at the worksite and employees are = exposed=20 to MDA the employer shall provide clean lunch areas were MDA = levels are=20 below the action level and where no dermal exposure to MDA can = occur.

(ii) The employer shall ensure that employees wash their hands = and=20 faces with soap and water prior to eating, drinking, smoking, or = applying=20 cosmetics.

(iii) The employer shall ensure that employees do not enter = lunch=20 facilities with contaminated protective work clothing or = equipment.

(l) Communication of hazards = to=20 employees =E2=80=94(1) Hazard=20 communication. The employer shall include = Methylenedianiline (MDA)=20 in the program established to comply with the Hazard Communication = Standard (HCS) (=C2=A7 1910.1200). The employer shall ensure = that each=20 employee has access to labels on containers of MDA and safety data = sheets,=20 and is trained in accordance with the provisions of HCS and = paragraph=20 (l)(3) of this section. The employer shall ensure that at least = the=20 following hazards are addressed: Cancer; liver effects; and skin=20 sensitization.

(2) Signs and labels = =E2=80=94 (i)=20 Signs. (A) The employer = shall post=20 and maintain legible signs demarcating regulated areas and = entrances or=20 access-ways to regulated areas that bear the following legend:

DANGER

MDA

MAY CAUSE CANCER

CAUSES DAMAGE TO THE LIVER

RESPIRATORY PROTECTION AND PROTECTIVE CLOTHING MAY = BE=20 REQUIRED IN THIS AREA

AUTHORIZED PERSONNEL ONLY

(B) Prior to June 1, 2016, employers may use the following = legend in=20 lieu of that specified in paragraph (l)(2)(i)(A) of this = section:

DANGER

MDA

MAY CAUSE CANCER

LIVER TOXIN

AUTHORIZED PERSONNEL ONLY

RESPIRATORS AND PROTECTIVE CLOTHING MAY BE = REQUIRED TO BE=20 WORN IN THIS AREA

(ii) Labels. (A) The = employer=20 shall ensure that labels or other appropriate forms of warning are = provided for containers of MDA within the workplace. The labels = shall=20 comply with the requirements of =C2=A7 1910.1200(f) and shall = include at=20 least the following information for pure MDA and mixtures = containing=20 MDA:

DANGER

CONTAINS MDA

MAY CAUSE CANCER

CAUSES DAMAGE TO THE LIVER

(B) Prior to June 1, 2015, employers may include the following=20 information workplace labels in lieu of the labeling requirements = in=20 paragraph (l)(2)(ii)(A) of this section:

( 1 ) For Pure = MDA:

DANGER

CONTAINS MDA

MAY CAUSE CANCER

LIVER TOXIN

( 2 ) For mixtures = containing=20 MDA:

DANGER

CONTAINS MDA

CONTAINS MATERIALS WHICH MAY CAUSE CANCER

LIVER TOXIN

(3) Information and = training.=20 (i) The employer shall provide employees with information and = training on=20 MDA, in accordance with 29 CFR 1910.1200(h), at the time of = initial=20 assignment and at least annually thereafter.

(ii) In addition to the information required under 29 CFR = 1910.1200,=20 the employer shall:

(A) Provide an explanation of the contents of this section, = including=20 appendices A and B of this section, and indicate to employees = where a copy=20 of the standard is available;

(B) Describe the medical surveillance program required under = paragraph=20 (n) of this section, and explain the information contained in = appendix C=20 of this section; and

(4) Access to training=20 materials. (i) The employer shall make readily available to = all=20 affected employees, without cost, all written materials relating = to the=20 employee training program, including a copy of this = regulation.

(ii) The employer shall provide to the Assistant Secretary and = the=20 Director, upon request, all information and training materials = relating to=20 the employee information and training program.

(m) Housekeeping. (1) = All=20 surfaces shall be maintained as free as practicable of visible=20 accumulations of MDA.

(2) The employer shall institute a program for detecting MDA = leaks,=20 spills, and discharges, including regular visual inspections of = operations=20 involving liquid or solid MDA.

(3) All leaks shall be repaired and liquid or dust spills = cleaned up=20 promptly.

(4) Surfaces contaminated with MDA may not be cleaned by the = use of=20 compressed air.

(5) Shoveling, dry sweeping, and other methods of dry clean-up = of MDA=20 may be used where HEPA filtered vacuuming and/or wet cleaning are = not=20 feasible or practical.

(6) Waste, scrap, debris, bags, containers, equipment, and = clothing=20 contaminated with MDA shall be collected and disposed of in a = manner to=20 prevent the re-entry of MDA into the workplace.

(n) Medical = surveillance =E2=80=94(1)=20 General. (i) The = employer shall=20 make available a medical surveillance program for employees = exposed to MDA=20 under the following circumstances:

(A) Employees exposed at or above the action level for 30 or = more days=20 per year;

(B) Employees who are subject to dermal exposure to MDA for 15 = or more=20 days per year;

(D) Employees whom the employer, based on results from = compliance with=20 paragraph (f)(8) of this section, has reason to believe are being = dermally=20 exposed; and

(E) Employees who show signs or symptoms of MDA exposure.

(ii) The employer shall ensure that all medical examinations = and=20 procedures are performed by or under the supervision of a licensed = physician at a reasonable time and place, and provided without = cost to the=20 employee.

(2) Initial = examinations. (i)=20 Within 150 days of the effective date of this standard, or before = the time=20 of initial assignment, the employer shall provide each employee = covered by=20 paragraph (n)(1)(i) of this section with a medical examination = including=20 the following elements:

(A) A detailed history which includes:

( 1 ) Past work = exposure to MDA=20 or any other toxic substances;

( 2 ) A history of = drugs,=20 alcohol, tobacco, and medication routinely taken (duration and = quantity);=20 and

( 3 ) A history of = dermatitis,=20 chemical skin sensitization, or previous hepatic disease.

(B) A physical examination which includes all routine physical=20 examination parameters, skin examination, and examination for = signs of=20 liver disease.

( 1 ) Liver function = tests and=20 ( 2 ) Urinalysis.

(D) Additional tests as necessary in the opinion of the = physician.

(ii) No initial medical examination is required if adequate = records=20 show that the employee has been examined in accordance with the=20 requirements of this section within the previous six months prior = to the=20 effective date of this standard or prior to the date of initial=20 assignment.

(3) Periodic = examinations. (i)=20 The employer shall provide each employee covered by this section = with a=20 medical examination at least annually following the initial = examination.=20 These periodic examinations shall include at least the following=20 elements:

(A) A brief history regarding any new exposure to potential = liver=20 toxins, changes in drug, tobacco, and alcohol intake, and the = appearance=20 of physical signs relating to the liver, and the skin;

(B) The appropriate tests and examinations including liver = function=20 tests and skin examinations; and

(ii) If in the physician's opinion the results of liver = function tests=20 indicate an abnormality, the employee shall be removed from = further MDA=20 exposure in accordance with paragraph (n)(9) of this section. = Repeat liver=20 function tests shall be conducted on advice of the physician.

(4) Emergency = examinations. If=20 the employer determines that the employee has been exposed to a=20 potentially hazardous amount of MDA in an emergency situation = under=20 paragraph (e) of this section, the employer shall provide medical=20 examinations in accordance with paragraphs (n)(3) (i) and (ii) of = this=20 section. If the results of liver function testing indicate an = abnormality,=20 the employee shall be removed in accordance with paragraph (n)(9) = of this=20 section. Repeat liver function tests shall be conducted on the = advice of=20 the physician. If the results of the tests are normal, tests must = be=20 repeated two to three weeks from the initial testing. If the = results of=20 the second set of tests are normal and on the advice of the = physician, no=20 additional testing is required.

(5) Additional = examinations.=20 Where the employee develops signs and symptoms associated with = exposure to=20 MDA, the employer shall provide the employee with an additional = medical=20 examination including liver function tests. Repeat liver function = tests=20 shall be conducted on the advice of the physician. If the results = of the=20 tests are normal, tests must be repeated two to three weeks from = the=20 initial testing. If the results of the second set of tests are = normal and=20 on the advice of the physician, no additional testing is = required.

(6) Multiple physician = review=20 mechanism. (i) If the employer selects the initial = physician who=20 conducts any medical examination or consultation provided to an = employee=20 under this section, and the employee has signs or symptoms of = occupational=20 exposure to MDA (which could include an abnormal liver function = test), and=20 the employee disagrees with the opinion of the examining = physician, and=20 this opinion could affect the employee's job status, the employee = may=20 designate an appropriate and mutually acceptable second = physician:

(A) To review any findings, determinations or recommendations = of the=20 initial physician; and

(B) To conduct such examinations, consultations, and laboratory = tests=20 as the second physician deems necessary to facilitate this = review.

(ii) The employer shall promptly notify an employee of the = right to=20 seek a second medical opinion after each occasion that an initial=20 physician conducts a medical examination or consultation pursuant = to this=20 section. The employer may condition its participation in, and = payment for,=20 the multiple physician review mechanism upon the employee doing = the=20 following within fifteen (15) days after receipt of the foregoing=20 notification, or receipt of the initial physician's written = opinion,=20 whichever is later:

(A) The employee informing the employer that he or she intends = to seek=20 a second medical opinion, and

(B) The employee initiating steps to make an appointment with a = second=20 physician.

(iii) If the findings, determinations, or recommendations of = the second=20 physician differ from those of the initial physician, then the = employer=20 and the employee shall assure that efforts are made for the two = physicians=20 to resolve any disagreement.

(iv) If the two physicians have been unable to quickly resolve = their=20 disagreement, then the employer and the employee through their = respective=20 physicians shall designate a third physician:

(A) To review any findings, determinations, or recommendations = of the=20 prior physicians; and

(B) To conduct such examinations, consultations, laboratory = tests, and=20 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,=20 determinations, and recommendations of the second physician, = unless the=20 employer and the employee reach a mutually acceptable = agreement.

(7) Information provided to = the=20 examining physician. (i) The employer shall provide the = following=20 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=20 the employee's potential exposure to MDA;

(D) A description of any personal protective equipment used or = to be=20 used; and

(E) Information from previous employment related medical = examinations=20 of the affected employee.

(ii) The employer shall provide the foregoing information to a = second=20 physician under this section upon request either by the second = physician,=20 or by the employee.

(8) Physician's written=20 opinion. (i) For each examination under this section, the = employer=20 shall obtain, and provide the employee with a copy of, the = examining=20 physician's written opinion within 15 days of its receipt. The = written=20 opinion shall include the following:

(A) The occupationally pertinent results of the medical = examination and=20 tests;

(B) The physician's opinion concerning whether the employee has = any=20 detected medical conditions which would place the employee at = increased=20 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=20 equipment and respirators; and

(D) A statement that the employee has been informed by the = physician of=20 the results of the medical examination and any medical conditions=20 resulting from MDA exposure which require further explanation or=20 treatment.

(ii) The written opinion obtained by the employer shall not = reveal=20 specific findings or diagnoses unrelated to occupational = exposures.

(9) Medical removal = =E2=80=94(i) Temporary medical removal of an = employee=20 =E2=80=94(A) Temporary removal = resulting from=20 occupational exposure. The employee shall be removed from = work=20 environments in which exposure to MDA is at or above the action = level or=20 where dermal exposure to MDA may occur, following an initial = examination=20 (paragraph (n)(2) of this section), periodic examinations = (paragraph=20 (n)(3) of this section), an emergency situation (paragraph (n)(4) = of this=20 section), or an additional examination (paragraph (n)(5) of this = section)=20 in the following circumstances:

( 1 ) When the = employee=20 exhibits signs and/or symptoms indicative of acute exposure to = MDA; or

( 2 ) When the = examining=20 physician determines that an employee's abnormal liver function = tests are=20 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=20 medical determination. ( 1=20 ) The employer shall remove an employee from work having an = exposure to=20 MDA at or above the action level or where the potential for dermal = exposure exists on each occasion that a final medical = determination=20 results in a medical finding, determination, or opinion that the = employee=20 has a detected medical condition which places the employee at = increased=20 risk of material impairment to health from exposure to MDA.

( 2 ) For the = purposes of this=20 section, the phrase =E2=80=9Cfinal medical determination=E2=80=9D = shall mean the outcome=20 of the physician review mechanism used pursuant to the medical=20 surveillance provisions of this section.

( 3 ) Where a final = medical=20 determination results in any recommended special protective = measures for=20 an employee, or limitations on an employee's exposure to MDA, the = employer=20 shall implement and act consistent with the recommendation.

(ii) Return of the employee = to former=20 job status. (A) The employer shall return an employee to = his or her=20 former job status:

( 1 ) When the = employee no=20 longer shows signs or symptoms of exposure to MDA, or upon the = advice of=20 the physician.

( 2 ) When a = subsequent final=20 medical determination results in a medical finding, determination, = or=20 opinion that the employee no longer has a detected medical = condition which=20 places the employee at increased risk of material impairment to = health=20 from exposure to MDA.

(B) For the purposes of this section, the requirement that an = employer=20 return an employee to his or her former job status is not intended = to=20 expand upon or restrict any rights an employee has or would have = had,=20 absent temporary medical removal, to a specific job classification = or=20 position under the terms of a collective bargaining agreement.

(iii) Removal of other = employee=20 special protective measure or limitations. The employer = shall=20 remove any limitations placed on an employee or end any special = protective=20 measures provided to an employee pursuant to a final medical = determination=20 when a subsequent final medical determination indicates that the=20 limitations or special protective measures are no longer = necessary.

(iv) Employer options = pending a final=20 medical determination. Where the physician review mechanism = used=20 pursuant to the medical surveillance provisions of this section, = has not=20 yet resulted in a final medical determination with respect to an = employee,=20 the employer shall act as follows:

(A) Removal. The = employer may=20 remove the employee from exposure to MDA, provide special = protective=20 measures to the employee, or place limitations upon the employee,=20 consistent with the medical findings, determinations, or = recommendations=20 of the physician who has reviewed the employee's health = status.

(B) Return. The = employer may=20 return the employee to his or her former job status, and end any = special=20 protective measures provided to the employee, consistent with the = medical=20 findings, determinations, or recommendations of any of the = physicians who=20 have reviewed the employee's health status, with two = exceptions:

( 1 ) If the initial = removal,=20 special protection, or limitation of the employee resulted from a = final=20 medical determination which differed from the findings, = determinations, or=20 recommendations of the initial physician; or

( 2 ) The employee = has been on=20 removal status for the preceding six months as a result of = exposure to=20 MDA, then the employer shall await a final medical = determination.

(v) Medical removal = protection=20 benefits =E2=80=94(A) Provisions of=20 medical removal protection benefits. The employer shall = provide to=20 an employee up to six (6) months of medical removal protection = benefits on=20 each occasion that an employee is removed from exposure to MDA or=20 otherwise limited pursuant to this section.

(B) Definition of medical = removal=20 protection benefits. For the purposes of this section, the=20 requirement that an employer provide medical removal protection = benefits=20 means that the employer shall maintain the earnings, seniority, = and other=20 employment rights and benefits of an employee as though the = employee had=20 not been removed from normal exposure to MDA or otherwise = limited.

(C) Follow-up medical = surveillance=20 during the period of employee removal or limitations. = During the=20 period of time that an employee is removed from normal exposure to = MDA or=20 otherwise limited, the employer may condition the provision of = medical=20 removal protection benefits upon the employee's participation in = follow-up=20 medical surveillance made available pursuant to this section.

(D) Workers' compensation=20 claims. If a removed employee files a claim for workers'=20 compensation payments for a MDA-related disability, then the = employer=20 shall continue to provide medical removal protection benefits = pending=20 disposition of the claim. To the extent that an award is made to = the=20 employee for earnings lost during the period of removal, the = employer's=20 medical removal protection obligation shall be reduced by such = amount. The=20 employer shall receive no credit for workers' compensation = payments=20 received by the employee for treatment-related expenses.

(E) Other credits. = The=20 employer's obligation to provide medical removal protection = benefits to a=20 removed employee shall be reduced to the extent that the employee = receives=20 compensation for earnings lost during the period of removal either = from a=20 publicly or employer-funded compensation program, or receives = income from=20 employment with any employer made possible by virtue of the = employee's=20 removal.

(F) Employees who do not = recover=20 within the 6 months of removal. The employer shall take the = following measures with respect to any employee removed from = exposure to=20 MDA:

( 1 ) The employer = shall make=20 available to the employee a medical examination pursuant to this = section=20 to obtain a final medical determination with respect to the = employee;

( 2 ) The employer = shall assure=20 that the final medical determination obtained indicates whether or = not the=20 employee may be returned to his or her former job status, and, if = not,=20 what steps should be taken to protect the employee's health;

( 3 ) Where the final = medical=20 determination has not yet been obtained, or once obtained = indicates that=20 the employee may not yet be returned to his or her former job = status, the=20 employer shall continue to provide medical removal protection = benefits to=20 the employee until either the employee is returned to former job = status,=20 or a final medical determination is made that the employee is = incapable of=20 ever safely returning to his or her former job status; and

( 4 ) Where the = employer acts=20 pursuant to a final medical determination which permits the return = of the=20 employee to his or her former job status despite what would = otherwise be=20 an unacceptable liver function test, later questions concerning = removing=20 the employee again shall be decided by a final medical = determination. The=20 employer need not automatically remove such an employee pursuant = to the=20 MDA removal criteria provided by this section.

(vi) Voluntary removal or = restriction=20 of an employee. Where an employer, although not required by = this=20 section to do so, removes an employee from exposure to MDA or = otherwise=20 places limitations on an employee due to the effects of MDA = exposure on=20 the employee's medical condition, the employer shall provide = medical=20 removal protection benefits to the employee equal to that required = by=20 paragraph (n)(9)(v) of this section.

(o) Recordkeeping = =E2=80=94(1) Objective data for exempted = operations.=20 (i) Where the employer has relied on objective data that = demonstrate that=20 products made from or containing MDA are not capable of releasing = MDA or=20 do not present a dermal exposure problem under the expected = conditions of=20 processing, use, or handling to exempt such operations from the = initial=20 monitoring requirements under paragraph (f)(2) of this section, = the=20 employer shall establish and maintain an accurate record of = objective data=20 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;

(D) A description of the operation exempted and how the data = support=20 the exemption; and

(E) Other data relevant to the operations, materials, = processing, or=20 employee exposures covered by the exemption.

(iii) The employer shall maintain this record for the duration = of the=20 employer's reliance upon such objective data.

(2) Historical monitoring = data.=20 (i) Where the employer has relied on historical monitoring data = that=20 demonstrate that exposures on a particular job will be below the = action=20 level to exempt such operations from the initial monitoring = requirements=20 under paragraph (f)(2) of this section, the employer shall = establish and=20 maintain an accurate record of historical monitoring data = reasonably=20 relied upon in support of the exception.

(ii) The record shall include information that reflect the = following=20 conditions:

(A) The data upon which judgments are based are scientifically = sound=20 and were collected using methods that are sufficiently accurate = and=20 precise;

(B) The processes and work practices that were in use when the=20 historical monitoring data were obtained are essentially the same = as those=20 to be used during the job for which initial monitoring will not be = performed;

(C) The characteristics of the MDA-containing material being = handled=20 when the historical monitoring data were obtained are the same as = those on=20 the job for which initial monitoring will not be performed;

(D) Environmental conditions prevailing when the historical = monitoring=20 data were obtained are the same as those on the job for which = initial=20 monitoring will not be performed; and

(E) Other data relevant to the operations, materials, = processing, or=20 employee exposures covered by the exception.

(iii) The employer shall maintain this record for the duration = of the=20 employer's reliance upon such historical monitoring data.

(3) The employer may utilize the services of competent = organizations=20 such as industry trade associations and employee associations to = maintain=20 the records required by this section.

(4) Exposure = measurements. (i)=20 The employer shall keep an accurate record of all measurements = taken to=20 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;

(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=20 exposures are represented.

(iii) The employer shall maintain this record for at least = thirty (30)=20 years, in accordance with 29 CFR 1910.33.

(5) Medical = surveillance. (i)=20 The employer shall establish and maintain an accurate record for = each=20 employee subject to medical surveillance by paragraph (n) of this = section,=20 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=20 medical history, questionnaire responses, results of any tests, = and=20 physician's recommendations.

(D) Any employee medical complaints related to exposure to MDA; = and

(E) A copy of the information provided to the physician as = required by=20 paragraph (n) of this section.

(iii) The employer shall ensure that this record is maintained = for the=20 duration of employment plus thirty (30) years, in accordance with = 29 CFR=20 1910.33.

(iv) A copy of the employee's medical removal and return to = work=20 status.

(6) Training records. = The=20 employer shall maintain all employee training records for one (1) = year=20 beyond the last date of employment.

(7) Availability. (i) = The=20 employer, upon written request, shall make all records required to = be=20 maintained by this section available to the Assistant Secretary = and the=20 Director for examination and copying.

(ii) The employer, upon request, shall make any exposure = records=20 required by paragraphs (f) and (n) of this section available for=20 examination and copying to affected employees, former employees,=20 designated representatives, and the Assistant Secretary, in = accordance=20 with 29 CFR 1910.33(a)-(e) and (g)-(i).

(iii) The employer, upon request, shall make employee medical = records=20 required by paragraphs (n) and (o) of this section available for=20 examination and copying to the subject employee, anyone having the = specific written consent of the subject employee, and the = Assistant=20 Secretary, in accordance with 29 CFR 1910.33.

(8) Transfer of = records. The=20 employer shall comply with the requirements concerning transfer of = records=20 set forth in 29 CFR 1910.1020(h).

(ii) Whenever the employer ceases to do business and there is = no=20 successor employer to receive and retain the records for the = prescribed=20 period, the employer shall notify the Director at least 90 days = prior to=20 disposal and, upon request, transmit them to the Director.

(p) Observation of = monitoring=20 =E2=80=94(1) Employee = observation. The=20 employer shall provide affected employees, or their designated=20 representatives, an opportunity to observe the measuring or = monitoring of=20 employee exposure to MDA conducted pursuant to paragraph (f) of = this=20 section.

(2) Observation = procedures.=20 When observation of the measuring or monitoring of employee = exposure to=20 MDA requires entry into areas where the use of protective clothing = and=20 equipment or respirators is required, the employer shall provide = the=20 observer with personal protective clothing and equipment or = respirators=20 required to be worn by employees working in the area, assure the = use of=20 such clothing and equipment or respirators, and require the = observer to=20 comply with all other applicable safety and health procedures.

(q) Appendices. The = information=20 contained in appendices A, B, C, and D of this section is not = intended, by=20 itself, to create any additional obligations not otherwise imposed = by this=20 standard nor detract from any existing obligation.

Appendix A to = =C2=A7 1926.60=E2=80=94Substance Data Sheet, for 4-4=E2=80=B2=20 Methylenedianiline

Note: The=20 requirements applicable to construction work under this appendix A = are=20 identical to those set forth in appendix A to = =C2=A7 1910.1050 of this=20 chapter.

Appendix B to = =C2=A7 1926.60=E2=80=94Substance Technical Guidelines,=20 MDA

Note: The=20 requirements applicable to construction work under this appendix B = are=20 identical to those set forth in appendix B to = =C2=A7 1910.1050 of this=20 chapter.

Appendix C to =C2=A7 1926.60=E2=80=94Medical = Surveillance Guidelines=20 for MDA

Note: The=20 requirements applicable to construction work under this appendix C = are=20 identical to those set forth in appendix C to = =C2=A7 1910.1050 of this=20 chapter.

Appendix D to =C2=A7 1926.60=E2=80=94Sampling = and Analytical Methods=20 for MDA Monitoring and Measurement Procedures

Note: The=20 requirements applicable to construction work under this appendix D = are=20 identical to those set forth in appendix D to = =C2=A7 1910.1050 of this=20 chapter.

[57 FR 35681, Aug. 10, 1992, as amended at 57 FR = 49649, Nov.=20 3, 1992; 61 FR 5510, Feb. 13, 1996; 61 FR 31431, June 20, 1996; 63 = FR=20 1296, Jan. 8, 1998; 69 FR 70373, Dec. 6, 2004; 70 FR 1143, Jan. 5, = 2005;=20 71 FR 16674, Apr. 3, 2006; 71 FR 50191, Aug. 24, 2006; 73 FR = 75588, Dec.=20 12, 2008; 76 FR 33611, June 8, 2011; 77 FR 17889, Mar. 26, = 2012]

For questions or comments regarding e-CFR = editorial=20 content, features, or design, email ecfr@nara.gov.
For = questions=20 concerning e-CFR programming and delivery issues, email webteam@gpo.gov.

732 North Capitol Street, NW, Washington, DC = 20401-0001=20 202.512.1800

Privacy=20 | Important=20 Links | Accessibility = | =20 Sitemap | = COOP =