4 PROPOSED ADMINISTRATIVE RULES

 

SOAHR 2006-021

 

DEPARTMENT OF ENERGY, LABOR, AND ECONOMIC GROWTH DIRECTOR'S OFFICE

OCCUPATIONAL HEALTH STANDARDS

 

Filed with the Secretary of State on

 

These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

 

(By authority conferred on the director of the department of energy, labor, and economic growth by sections 14 and 24 of 1974 PA 154, and Executive Reorganization Orders Nos. 1996-1, 1996-2, 2003-1,

and 2008-4, MCL 408.1014, 408.1024, 330.3101, 445.2001, 445.2011, and 445.2025)

 

R 325.51541, R 325.51543, R 325.51546, R 325.51549, R 325.51552, R 325.51555, R 325.51558,

R 325.51561, R 325.51564, R 325.51567, R 325.51570, R 325.51576, R 325.51579, and R 325.51582

are added to the Michigan Administrative Code as follows: PART 316. DIISOCYANATES

R 325.51541 Scope and application.

Rule 541. These rules apply to all industries under 1974 PA 154, MCL 408.1001 to MCL 408.1094, where there is occupational exposure to any diisocyanate.

 

R 325.51543 Definitions.

Rule 543. (1) As used in these rules:

(a)      "Ceiling" means the employee's exposure that shall not be exceeded during any part of the workday. If instantaneous monitoring is not feasible, then the ceiling shall be assessed as a 15-minute, time-weighted average exposure that shall not be exceeded during any part of the working day.

(b)    “Department” means the department of energy, labor, and economic growth.

(c)    “Designated employee representative” means an individual or organization to whom or to which an employee gives written authorization to exercise a right of access. For access to employee exposure records and analyses using exposure or medical records, a recognized or certified collective bargaining agent for the employee shall be treated automatically as a designated representative.

(d)    "Director" means the director of the department or his or her designee.

(e)    “Diisocyanates” means any of the following:

(i)    Toluene-diisocyanate (TDI) MIXED (CAS #26471-62-5). (a) TDI-2,4 (CAS #584-84-9).

(b) TDI-2,6 (CAS #91-08-07).

(ii)    Methylene bisphenyl isocyanate, (MDI), CAS #101-68-8.

(iii)    Meta-tetramethylxylene diisocyanate (TMXDI), CAS #2778-42-9.

 

 

(iv)    Hexamethylene diisocyanate (HDI), CAS #822-06-0.

(v)    Isophorone diisocyanate (IPDI) CAS #4098-71-9.

(vi)    Naphthalene diisocyanate (NDI), CAS #3173-72-6.

(vii)     Methylene biscyclohexylisocyanate (MMCBI or hydrogenated MDI), CAS #5124-30-1.

(f)     “Emergency" means an unforeseen circumstance or set of circumstances likely to result in the release of diisocyanates.

(g)     “Engineering control” means a method of controlling occupational exposure by means of general or local exhaust ventilation, by process modification, by isolation, or by enclosure. Engineering control does not include employee personal protective equipment or work practice controls.

(h)     “Exposure or exposed” means when an employee uses diisocyanates in the course of employment and whose job includes a reasonable anticipation of contact to diisocyanates including possibility of accidental exposure. Exposure includes any route of entry, for example, inhalation, ingestion, skin contact, or absorption.

(i)      "Short-term exposure limit (STEL)" means the employee's 15-minute, time-weighted average exposure that shall not be exceeded at any time during a workday, unless another time limit is specified in a parenthetical notation below the limit. If another time period is specified, then the time-weighted average exposure over that time limit shall not be exceeded at any time during the workday.

(j)     "Time-weighted average (TWA)" means the employee's average airborne exposure in any 8-hour workshift of a 40-hour workweek that shall not be exceeded.

(k)     “Work practice control” means a method of controlling employee exposure to diisocyanates by means of operating parameters, handling techniques, use of personal protection, and personal hygiene practices specified in a written procedure.

(2)    The terms defined in 1974 PA 154, MCL 408.1001 to MCL 408.1094, have the same meaning when used in these rules.

 

R 325.51546 Availability of referenced standards.

Rule 546. The following Michigan occupational safety and health standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of Energy, Labor, and Economic Growth, MIOSHA Standards Section, 7150 Harris Drive, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, as of the time of adoption of these rules, is 4 cents per page.

(a)      Occupational health standard part 301. air contaminants for general industry, R 325.51101 to R 325.51108.

(b)    Occupational health standard part 430. hazard communication, R 325.77001 to R 325.77003.

(c)      Occupational health standard part 432. hazardous waste operations and emergency response, R 325.52101 to R 325.52137.

(d)        Occupational  health   standard  part  433.   personal  protective   equipment,  R 325.60001   to R 325.60013.

(e)    Occupational health standard part 451. respiratory protection, R 325.60051 to R 325.60052.

(f)       Occupational health  standard  part  470.  medical  records  and  trade  secrets,  R 325.3451  to R 325.3476.

(g)    Occupational health standard part 472. medical services and first aid, R 325.47201.

(h)       Occupational health  standard  part  601.  air  contaminants  for  construction,  R 325.60151  to R 325.60161.

(i)       General industry  safety  standard  part  33.  personal  protective  equipment,  R 408.13301  to R 408.13398.

 

R 325.51549 Permissible employee exposure limits.

 

 

Rule 549. An employer shall ensure that an employee shall not be exposed at any time to diisocyanate airborne concentrations equal to or greater than limits stated in occupational health standard part 301. air contaminants, R 325.51101 to R 325.51108 or occupational health standard part 601. air contaminants for construction, R 325.60151 to R 325.60161.

 

R 325.51552 Methods of compliance.

Rule 552. Where an employee is exposed to diisocyanates above the permissible exposure limit, the employer shall implement engineering and/or work practice controls to reduce employee exposure to diisocyanates except to the extent that the employer can demonstrate that such controls are not feasible. If the engineering and work practices which can be instituted are not sufficient to reduce employee exposure to or below the permissible exposure limit, the employer shall nonetheless use them to reduce exposures to the lowest feasible level and shall supplement them by the use of personal protective equipment which complies with R 325.51558 and R 325.51561.

 

R 325.51555 Engineering Controls.

Rule 555. (1) If ventilation is used to control employee exposure, measurements which demonstrate the effectiveness of the ventilation system, at minimum being a smoke tube test, shall be made quarterly and when there is a change in production, process, or control which might result in a change in employee exposure to diisocyanates. These measurements shall be documented.

(2) If maintenance work that could result in a leak, spill, or exposure, is undertaken on diisocyanate equipment, then the sources of diisocyanates shall be shut off and isolated before beginning the maintenance activity.

 

R 325.51558 Respiratory protection.

Rule 558. (1) Where the use of respirators is required under R 325.51552, an employer shall provide at no cost to the employee and ensure the use of such respirators.

(2) Where respirators are required under these rules, the employer shall establish and operate an effective respiratory protection program as required in occupational health standard part 451. respiratory protection, R 325.60051 to R 325.60052.

 

R 325.51561 Personal protective equipment and clothing.

Rule 561. (1) If necessary to prevent employee skin or eye contact with diisocyanates, then the employer shall provide, at no cost to the employee, personal protective equipment under occupational health standard part 433. personal protective equipment, R 325.60001 to R 325.60013 and general industry safety standard part 33. personal protective equipment, R 408.13301 to R 408.13398. The employer shall ensure that the employee uses appropriate protective work clothing and equipment that are resistant to penetration by diisocyanates.

(2)   An employer shall provide for the cleaning, laundering, decontamination, or disposal of protective clothing and equipment required under this rule.

(3)   An employer shall repair or replace required protective clothing and equipment as often as needed to maintain the effectiveness of the clothing and equipment.

(4)   Personnel who clean contaminated clothing shall be informed of the hazards involved and shall be provided with guidelines on how to handle diisocyanate contaminated material safely.

(5)    If an outside laundry facility is used, the launderers shall be advised of the hazards and proper procedures involved in handling contaminated work clothing. Contaminated clothing shall be transported to the outside laundry facility in closed containers.

 

R 325.51564 Housekeeping.

 

 

Rule 564. (1) Diisocyanates shall be stored in closed containers and shall be protected from heat, moisture, and direct sunlight. They shall not be stored near bases, primary or secondary amines, acids, or alcohols, because these chemicals may react violently with diisocyanates.

(2)     In accordance  with  occupational  health  standard  part  472.  medical  services  and  first  aid, R 325.47201 where liquid diisocyanates could come into contact with the eyes, suitable means of flushing the eyes shall be available. Should liquid diisocyanates come in contact with the skin, affected areas shall be thoroughly washed with soap and water.

(3)     Diisocyanate containers in storage shall be kept closed to prevent water from entering the containers, because water and diisocyanates react to produce water-insoluble urea and carbon dioxide that can generate enough pressure to rupture the containers. All containers of diisocyanates shall be periodically inspected for signs of increased pressure within the containers and to ensure that the integrity of containers and seals are maintained. Contents of leaking containers shall be transferred to other suitable containers, and leaks of diisocyanates shall be cleaned up immediately.

(4)   Adequate equipment for containing spills of diisocyanates shall be provided and shall be suitable and readily accessible.

(5)    All spills or leaks of diisocyanates shall be given prompt attention by adequately trained and equipped personnel. All nonessential personnel shall be evacuated from the area during cleanup.

(6)   Waste material contaminated with diisocyanates shall be disposed of in a manner not hazardous to employees. Disposal methods shall conform to applicable local, state, and federal regulations. Spills of diisocyanates shall not be allowed to enter sewers or drains.

(7)   Preparing, storing, consuming foods, and smoking shall be prohibited in work areas where there is occupational exposure to diisocyanates.

(8)     Employees who handle diisocyanates or equipment contaminated with diisocyanates shall be advised to wash their hands thoroughly with soap or mild detergent and water before using toilet facilities, eating, or smoking.

 

R 325.51567 Emergency procedures.

Rule 567. An employer shall ensure that for all work areas where there is potential exposure to diisocyanates, written emergency plans and procedures shall be developed according to applicable provisions in occupational health standard part 432. hazardous waste operations and emergency response, R 325.52101 to R 325.52137.

 

R 325.51570 Medical surveillance.

Rule 570. If an employer becomes aware of employee symptoms, including, but not limited to, respiratory and dermatological, then a medical assessment shall be provided by a  knowledgeable occupational health physician or other licensed health care provider. An employer shall ensure that the providers shall use an assessment survey or equivalent.

 

R 325.51576 Signs and posting.

Rule 576. (1) Caution signs stating diisocyanates are used shall be posted in areas where diisocyanates are used and shall include direction where further detailed information can be obtained, for example, material safety data sheets.

(2) If respiratory protection in an area is required, then the following statement shall be added in large letters to the sign required in subrule (1) of this rule.

APPROPRIATE RESPIRATORY PROTECTION REQUIRED IN THIS AREA

 

 

R 325.51579 Employee information and training.

Rule 579. (1) An employer shall ensure that all employees exposed to diisocyanates participate in an effective training program provided at no cost to the employees.

(2)   Employee training shall be provided at the time of initial assignment or within 90 days after the effective date of these rules, whichever is later, and annual refresher training shall be provided thereafter. If an employee has received training on a diisocyanate present in the workplace in the year preceding the effective date of these rules, only training with respect to the requirements in this rule that were not included in the previous training need be provided.

(3)    The training program shall comply with the provisions of paragraph (h) of occupational health standard part 430. hazard communication, R 325.77001 to R 325.77003. In addition to the information required under the hazard communication provisions, the employer shall do both of the following:

(a)    Provide employees with an explanation of the contents of these rules.

(b)      Explain the purpose, proper selection, fitting, proper use, and limitations of  respirators and protective clothing.

(4)   Training shall be conducted in the following manner:

(a)     Training sessions shall afford employees ample opportunity for discussion and the answering of questions by a knowledgeable trainer and shall employ a means to verify that employees understood the training.

(b)    The person or persons who conduct training shall be knowledgeable in all of the following areas:

(i)    The information presented in the training session.

(ii)    The employer's standard operating procedures.

(iii)    Conditions in the work environment that relate to the elements in the training program.

(c)       An employer shall, on an annual basis, ensure the competency of exposed employees in diisocyanate knowledge. Competency shall be demonstrated by written, oral knowledge testing, direct audit, or by other documentation of verification of knowledge.

(d)    An employer shall maintain written documentation of attendance at training, content of the training program, and verification of competency testing for all employees.

(5)   An employer shall conduct refresher training at least once a year for all exposed employees. The refresher training shall include updated information covering the topics specified in this rule.

(6)    An employer shall make a copy of these rules readily available, without cost, to all affected employees and shall provide a copy if requested. Also, an employer shall provide, to the director, upon request, all materials relating to the employee information and training program.

 

R 325.51582 Recordkeeping.

Rule 582. (1) An employer shall develop and maintain training records for each employee. Training records shall be maintained for 3 years beyond the date that the training occurred.

(2)   Training records shall include all of the following information:

(a)    The dates of the training sessions.

(b)    The contents or summary of the training sessions.

(c)    Verification of competency testing.

(d)    The names and job titles of all persons who attend the training sessions.

(e)    The names and qualifications of persons who conduct the training.

(3)     Employee training records shall be provided, upon request, for examination and copying, to employees, employee representatives, and the director under occupational health standard part 470. medical records and trade secrets, R 325.3451 to R 325.3476.

(4)      An employer shall comply with the requirements that involve the transfer of records in occupational health standard part 470. medical records and trade secrets, R 325.3451 to R 325.3476.

 

 

(5)   If an employer ceases to do business and there is no successor employer to receive and retain the records for the prescribed period, the employer shall notify the director not less than 3 months before disposing of the records and shall transmit the records to the director, if required by the director, within that 3-month period.