29 CFR
1910.1450 - Occupational Exposure to
Hazardous Chemicals In Laboratories
- Scope and
application.
- Definitions
- Permissible
exposure limits.
- Employee
exposure determination
- Chemical
Hygiene Plan
- Employee
information and training.
- Medical
consultation and medical examinations.
- Hazard
identification.
- Use of
respirators.
- Recordkeeping.
- Dates
- Appendices.
(a) Scope and application.
- This section shall apply to all employers
engaged in the laboratory use of hazardous chemicals as defined below.
- Where
this section applies, it shall supersede, for laboratories,the
requirements of all other OSHA health standards in 29 CFR part 1910,
subpart Z, except as follows:
- For any OSHA health standard, only the
requirement to limit employee exposure to the specific permissible
exposure limit shall apply for laboratories, unless that particular
standard states otherwise or unless the conditions of paragraph
(a)(2)(iii) of this section apply.
- Prohibition of eye and skin contact where
specified by any OSHA health standard shall be observed.
- Where
the action level (or in the absence of an action level, the permissible
exposure limit) is routinely exceeded for an OSHA regulated substance
with exposure monitoring and medical surveillance requirements
paragraphs (d) and (g)(1)(ii) of this section shall apply.
- This section shall not apply to:
- Uses of hazardous chemicals which do not
meet the definition of
laboratory use, and in such cases, the employer shall comply with the
relevant standard in 29 CFR part 1910, subpart Z, even if such use
occurs in a laboratory.
- Laboratory uses of hazardous
chemicals which provide no potential for employee exposure. Examples of
such conditions might include:
- Procedures using chemically-impregnated
test media such as Dip-and-Read tests where a reagent strip is dipped
into the specimen to be tested and the results are interpreted by
comparing the color reaction to a color chart supplied by the
manufacturer of the test strip; and
- Commercially
prepared kits such as those used in performing pregnancy tests in which
all of the reagents needed to conduct the test are contained in the kit.
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(b) Definitions
"Action level"
means a concentration designated in 29 CFR part 1910 for a specific
substance, calculated as an eight (8)-hour time-weighted average, which
initiates certain required activities such as exposure monitoring and
medical surveillance.
"Assistant Secretary" means
the Assistant Secretary of Labor for Occupational Safety and Health,
U.S. Department of Labor, or designee. "Carcinogen" (see"select
carcinogen").
"Chemical Hygiene Officer" means an
employee who is designated by the employer, and who is qualified by
training or experience, to provide technical guidance in the
development and implementation of the provisions of the Chemical
Hygiene Plan. This definition is not intended to place limitations on
the position description or job classification that the designated
individual shall hold within the employer's organizational structure.
"Chemical Hygiene Pla"
means a written program developed and implemented by the employer which
sets forth procedures, equipment, personal protective equipment and
work practices that (i) are capable of protecting employees from the
health hazards presented by hazardous chemicals used in that particular
workplace and (ii) meets the requirements of paragraph (e) of this
section. "Combustible liquid"means any liquid having a flashpoint at or
above 100 ° F (37.8 ° C), but below 200 ° F (93.3 ° C),
except any
mixture having components with flashpoints of 200 °F (93.3 °
C), or
higher, the total volume of which make up 99 percent or more of the
total volume of the mixture.
"Compressed gas" means:
(i) A gas or mixture of gases having, in a container, an absolute
pressure exceeding 40 psi at 70 ° F(21.1 ° C); or (ii) A gas or
mixture of gases having, in a container, an absolute pressure exceeding
104 psi at 130 ° F(54.4 ° C) regardless of the pressure at 70
° F(21.1 ° C); or (iii) A liquid having a vapor pressure
exceeding 40 psi
at 100 ° F(37.8 ° C) as determined by ASTM D-323-72.
"Designated area"
means an area which may be used for work with "select
carcinogens,"reproductive toxins or substances which have a high degree
of acute toxicity. A designated area may be the entire laboratory, such
as a laboratory hood.
"Emergency" means any
occurrence such as, but not limited to, equipment failure, rupture of
containers or failure of control equipment which results in an
uncontrolled release of a hazardous chemical into the workplace.
"Employee"
means an individual employed in a laboratory workplace who may be
exposed to hazardous chemicals in the course of his or her assignments.
"Explosive" means a chemical that causes a
sudden,
almost instantaneous release of pressure, gas, and heat when subjected
to sudden shock, pressure, or high temperature.
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"Flammable" means a chemical that falls
into one of the following categories:
- "Aerosol, flammable"
means an aerosol that, when tested by the method described in 16 CFR
1500.45, yields a flame protection exceeding 18 inches at full valve
opening, or a flashback (a flame extending back to the valve) at any
degree of valve opening;
- "Gas, flammable" means:
(A) A gas that, at ambient temperature and pressure, forms a flammable
mixture with air at a concentration of 13 percent by volume or less; or
(B) A gas that, at ambient temperature and pressure, forms a range of
flammable mixtures with air wider than 12 percent by volume, regardless
of the lower limit.
- "Liquid, flammable" means any
liquid having a flashpoint below 100 ° F(37.8 ° C), except any
mixture
having components with flashpoints of 100 ° C) or higher, the total
of
which make up 99 percent or more of the total volume of the mixture.
- "Solid, flammable"
means a solid, other than a blasting agent or explosive as defined in
1910.109(a), that is liable to cause fire through friction, absorption
of moisture, spontaneous chemical change, or retained heat from
manufacturing or processing, or which can be ignited readily and when
ignited burns so vigorously and persistently as to create a serious
hazard. A chemical shall be considered to be a flammable solid if, when
tested by the method described in 16 CFR 1500.44, it ignites and burns
with a self-sustained flame at a rate greater than one-tenth of an inch
per second along its major axis.
"Flashpoint"
means the minimum temperature at which a liquid gives off a vapor in
sufficient concentration to ignite when tested as follows:
- Tagliabue
Closed Tester (See American National Standard Method of Test for Flash
Point by Tag Closed Tester, Z11.24 - 1979 (ASTM D 56-79)) - for liquids
with a viscosity of less than 45 Saybolt Universal Seconds ( ) at 100
° F(37.8 ° C), that do not contain suspended solids and do not
have a
tendency to form a surface film under test; or
- Pensky-Martens
Closed Tester (See American National Standard Method of Test for
Flashpoint by Pensky-Martens Closed Tester, Z11.7 - 1979 (ASTM D
93-79)) - for liquids with a viscosity equal to or greater than 45 SUS
at 100 ° F(37.8 ° C ), or that contain suspended solids, or
that have
a tendency to forma a surface film under test; or
- Setaflash
Closed Tester (see American National Standard Method of test for Flash
Point by Setaflash Closed Tester (ASTMD 3278-78)). Organic peroxides,
which undergo autoaccelerating thermal decomposition, are excluded from
any of the flashpoint determination methods specified above.
"Hazardous chemical"
means a chemical for which there is statistically significant evidence
based on at least one study conducted in accordance with established
scientific principles that acute or chronic health effects may occur in
exposed employees. The term "health hazard" includes chemicals which
are carcinogens, toxic or highly toxic agents, reproductive toxins,
irritants, corrosives, sensitizers, hepatotoxins, nephrotoxins,
neurotoxins, agents which act on the hematopoietic systems, and agents
which damage the lungs, skin, eyes, or mucous membranes. Appendices A
and B of the Hazard Communication Standard (29 CFR 1910.1200) provide
further guidance in defining the scope of health hazards and
determining whether or not a chemical is to be considered hazardous for
purposes of this standard.
"Laboratory" means a
facility where the "laboratory use of hazardous chemicals" occurs. It
is a workplace where relatively small quantities of hazardous chemicals
are used on a non-production basis.
"Laboratory scale"
means work with substances in which the containers used for reactions,
transfers, and other handling of substances are designed to be easily
and safety manipulated by one person.
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"Laboratory scale"
excludes those workplaces whose function is to produce commercial
quantities of materials. "Laboratory-type hood" means a device located
in a laboratory, enclosure on five sides with a movable sash or fixed
partial enclosed on the remaining side; constructed and maintained to
draw air from the laboratory and to prevent or minimize the escape of
air contaminants into the laboratory; and allows chemical manipulations
to be conducted in the enclosure without insertion of any portion of
the employee's body other than hands and arms. Walk-in hoods with
adjustable sashes meet the above definition provided that the sashes
are adjusted during use so that the airflow and the exhaust of air
contaminants are not compromised and employees do not work inside the
enclosure during the release of airborne hazardous chemicals.
"Laboratory use of hazardous chemicals"
means handling or use of such chemicals in which all of the following
conditions are met:
- Chemical manipulations are carried out on a
"laboratory scale;"
- Multiple chemical procedures or chemicals are
used;
- The
procedures involved are not part of a production process, nor in any
way simulate a production process; and (iv) "Protective laboratory
practices and equipment" are available and in common use to minimize
the potential for employee exposure to hazardous chemicals.
"Medical consultation"
means a consultation which takes place between an employee and a
licensed physician for the purpose of determining what medical
examinations or procedures, if any, are appropriate in cases where a
significant exposure to a hazardous chemical may have taken place.
"Organic peroxide"
means an organic compound that contains the bivalent -O-O- structure
and which may be considered to be a structural derivative of hydrogen
peroxide where one or both of the hydrogen atoms has been replaced by
an organic radical.
"Oxidizer" means a chemical
other than a blasting agent or explosive as defined in 1910.109(a),
that initiates or promotes combustion in other materials, thereby
causing fire either of itself or through the release of oxygen or other
gases.
"Physical hazard" means a chemical for
which
there is scientifically valid evidence that it is a combustible liquid,
a compressed gas, explosive, flammable, an organic peroxide, an
oxidizer pyrophoric, unstable (reactive) or water-reactive.
"Protective laboratory practices and equipment"
means those laboratory procedures, practices and equipment accepted by
laboratory health and safety experts as effective, or that the employer
can show to be effective, in minimizing the potential for employee
exposure to hazardous chemicals.
"Reproductive toxins"
means chemicals which affect the reproductive chemicals which affect
the reproductive capabilities including chromosomal damage
(mutations)and effects on fetuses (teratogenesis).
"Select carcinogen" means any substance
which meets one of the following criteria:
- It is regulated by OSHA as a carcinogen; or
- It
is listed under the category, "known to be carcinogens," in the Annual
Report on Carcinogens published by the National Toxicology Program
(NTP)(latest edition); or
- It is listed under Group 1
("carcinogenic to humans") by the International Agency for research on
Cancer Monographs (IARC)(latest editions); or
- It is
listed in either Group 2A or 2B by IARC or under the category,
"reasonably anticipated to be carcinogens" by NTP, and causes
statistically significant tumor incidence in experimental animals in
accordance with any of the following criteria: (A) After inhalation
exposure of 6 - 7 hours per day, 5 days per week, for a significant
portion of a lifetime to dosages of less than 10 mg/m(3); (B) After
repeated skin application of less than 300 (mg/kg of body weight) per
week; or (C) After oral dosages of less than 50 mg/kg of body weight
per day.
"Unstable (reactive)" means a
chemical which is the pure state, or as produced or transported, will
vigorously polymerize, decompose, condense, or will become
self-reactive under conditions of shocks, pressure or temperature.
"Water-reactive" means a chemical that reacts with water to release a
gas that is either flammable or presents a health hazard.
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(c) Permissible exposure
limits.
For
laboratory uses of OSHA regulated substances, the employer shall assure
that laboratory employees' exposures to such substances do not exceed
the permissible exposure limits specified in 29 CFR part 1910, subpart
Z.
(d) Employee exposure
determination
- Initial
monitoring. The employer shall measure the employee's exposure to any
substance regulated by a standard which requires monitoring if there is
reason to believe that exposure levels for that substance routinely
exceed the action level (or in the absence of an action level, the
PEL).
- Periodic monitoring. If the initial monitoring
prescribed by paragraph (d)(1) of this section discloses employee
exposure over the action level (or in the absence of an action level,
the PEL), the employer shall immediately comply with the exposure
monitoring provisions of the relevant standard.
- Termination of monitoring. Monitoring may be
terminated in accordance with the relevant standard.
- Employee
notification of monitoring results. The employer shall, within 15
working days after the receipt of any monitoring results, notify the
employee of these results in writing either individually or by posting
results in an appropriate location that is accessible to employees.
(e) Chemical Hygiene Plan
General.
(Appendix A of this section is non-mandatory but provides guidance to
assist employers in the development of the Chemical Hygiene Plan).
- Where
hazardous chemicals as defined by this standard are used in the
workplace, the employer shall develop and carry out the provisions of a
written Chemical Hygiene Plan which is:
- Capable of protecting employees from health
hazards associated with hazardous chemicals in that laboratory and
- Capable of keeping exposures below the
limits specified in paragraph (c) of this section.
- The
Chemical Hygiene Plan shall be readily available to employees, employee
representatives and, upon request, to the Assistant Secretary.
- The
Chemical Hygiene Plan shall include each of the following elements and
shall indicate specific measures that the employer will take to ensure
laboratory employee protection;
- Standard operating procedures relevant to
safety and health considerations to be followed when laboratory work
involves the use of hazardous chemicals;
- Criteria that
the employer will use to determine and implement control measures to
reduce employee exposure to hazardous chemicals including engineering
controls, the use of personal protective equipment and hygiene
practices; particular attention shall be given to the selection of
control measures for chemicals that are known to be extremely
hazardous;
- A requirement that fume hoods and other
protective equipment are functioning properly and specific measures
that shall be taken to ensure proper and adequate performance of such
equipment;
- Provisions for employee information and
training as prescribed in paragraph (f) of this section;
- The
circumstances under which a particular laboratory operation, procedure
or activity shall require prior approval from the employer or the
employer's designee before implementation;
- Provisions for medical consultation and
medical examinations in accordance with paragraph (g) of this section;
- Designation
of personnel responsible for implementation of the Chemical Hygiene
Plan including the assignment of a Chemical Hygiene Officer, and, if
appropriate, establishment of a Chemical Hygiene Committee; and
- Provisions
for additional employee protection for work with particularly hazardous
substances. These include "select carcinogens,"reproductive toxins and
substances which have a high degree of acute toxicity. Specific
consideration shall be given to the following provisions which shall be
included where appropriate:
- Establishment of a designated area;
- Use of containment devices such as fume
hoods or glove boxes;
- Procedures for safe removal of
contaminated waste; and
- Decontamination procedures.
- The
employer shall review and evaluate the effectiveness of the Chemical
Hygiene Plan at least annually and update it as necessary.
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(f) Employee information
and
training.
- The
employer shall provide employees with information and training to
ensure that they are apprised of the hazards of chemicals present in
their work area.
- Such information shall be provided at
the time of an employee's initial assignment to a work area where
hazardous chemicals are present and prior to assignments involving new
exposure situations. The frequency of refresher information and
training shall be determined by the employer
- Information. Employees shall be informed of:
- The contents of this standard and its
appendices which shall be made available to employees;
- the location and availability of the
employer's Chemical Hygiene Plan;
- The
permissible exposure limits for OSHA regulated substances or
recommended exposure limits for other hazardous chemicals where there
is no applicable OSHA standard;
- Signs and symptoms associated with
exposures to hazardous chemicals used in the laboratory; and
- The
location and availability of known reference material on the hazards,
safe handling, storage and disposal of hazardous chemicals found in the
laboratory including, but not limited to, Material Safety Data Sheets
received from the chemical supplier.
- Training
- Employee training shall include:
- Methods
and observations that may be used to detect the presence or release of
a hazardous chemical (such as monitoring conducted by the employer,
continuous monitoring devices, visual appearance or odor of hazardous
chemicals when being released, etc.);
- The physical and health hazards of
chemicals in the work area; and
- The
measures employees can take to protect themselves from these hazards,
including specific procedures the employer has implemented to protect
employees from exposure to hazardous chemicals, such as appropriate
work practices, emergency procedures, and personal protective equipment
to be used.
- The employee shall be trained on the
applicable details of the employer's written Chemical Hygiene Plan.
(g) Medical consultation
and
medical examinations.
- The
employer shall provide all employees who work with hazardous chemicals
an opportunity to receive medical attention, including any follow-up
examinations which the examining physician determines to be necessary,
under the following circumstances:
- Whenever an employee develops signs or
symptoms associated with a hazardous chemical to which the employee may
have been exposed in the laboratory, the employee shall be provided an
opportunity to receive an appropriate medical examination.
- Where
exposure monitoring reveals an exposure level routinely above the
action level (or in the absence of an action level, the PEL) for an
OSHA regulated substance for which there are exposure monitoring and
medical surveillance requirements, medical surveillance shall be
established for the affected employee as prescribed by the particular
standard.
- Whenever an event takes place in the work
area such as a spill, leak, explosion or other occurrence resulting in
the likelihood of a hazardous exposure, the affected employee shall be
provided an opportunity for a medical consultation. Such consultation
shall be for the purpose of determining the need for a medical
examination.
- All medical
examinations and consultations shall be performed by or under the
direct supervision of a licensed physician and shall be provided
without cost to the employee, without loss of pay and at a reasonable
time and place.
- Information provided to the physician. The
employer shall provide the following information to the physician:
- The identity of the hazardous chemical(s)
to which the employee may have been exposed;
- A description of the conditions under which
the exposure occurred including quantitative exposure data, if
available; and
- A description of the signs and symptoms of
exposure that the employee is experiencing, if any.
- Physician's written opinion.
- For
examination or consultation required under this standard, the employer
shall obtain a written opinion from the examining physician which shall
include the following:
- Any recommendation for further medical
follow-up;
- The results of the medical examination
and any associated tests;
- Any
medical condition which may be revealed in the course of the
examination which may place the employee at increased risk as a result
of exposure to a hazardous workplace; and
- A
statement that the employee has been informed by the physician of the
results of the consultation or medical examination and any medical
condition that may require further examination or treatment.
- The written opinion shall not reveal
specific findings of diagnoses unrelated to occupational exposure.
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(h) Hazard identification.
- With respect to labels and material safety data
sheets:
- Employers shall ensure that labels on
incoming containers of hazardous chemicals are not removed or defaced.
- Employers
shall maintain any material safety data sheets that are received with
incoming shipments of hazardous chemicals, and ensure that they are
readily accessible to laboratory employees.
- The following provisions shall apply to
chemical substances developed in the laboratory:
- If
the composition of the chemical substance which is produced exclusively
for the laboratory's use is known, the employer shall determine if it
is a hazardous chemical as defined in paragraph (b) of this section. If
the chemical is determined to be hazardous, the employer shall provide
appropriate training as required under paragraph (f) of this section.
- If
the chemical produced is a byproduct whose composition is not known,
the employer shall assume that the substance is hazardous and shall
implement paragraph (e) of this section.
- If the
chemical substance is produced for another user outside of the
laboratory, the employer shall comply with the Hazard Communication
Standard (29 CFR 1910.120) including the requirements for preparation
of material safety data sheets and labeling.
(i) Use of respirators.
Where
the use of respirators is necessary to maintain exposure below
permissible exposure limits, the employer shall provide, at no cost to
the employee, the proper respiratory equipment. Respirators shall be
selected and used in accordance with the requirements of 29 CFR
1910.134.
(j) Recordkeeping.
- The
employer shall establish and maintain for each employee an accurate
record of any measurements taken to monitor employee exposures and any
medical consultation and examinations including tests or written
opinions required by this standard.
- The employer shall assure that such records are
kept, transferred, and made available in accordance with 29 CFR 1910.20.
(k) Dates
- Effective date. This section shall become
effective May 1, 1990.
- Start-up dates.
- Employers shall have developed and
implemented a written Chemical Hygiene Plan no later than January 31,
1991.
- Paragraph
(a)(2) of this section shall not take effect until the employer has
developed and implemented a written Chemical Hygiene Plan.
(l) Appendices.
The
information contained in the appendices is not intended, by itself, to
create any additional obligations not otherwise imposed or to detract
from any existing obligation.
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