Section 325.51855. Exposure monitoring; applicability of subrules (1), (2), (4), and (6).

(1) This subrule applies only to general industry and agricultural operations. Except as provided for in this subrule and subrule (3) of this rule, an employer shall monitor employee exposures and shall base initial determinations on the monitoring results. If an employer has monitored  after

September 14, 1991, under workplace conditions that, in all important aspects, closely resemble currently prevailing workplace conditions and If the monitoring satisfies all other requirements of R 325.51854, including the accuracy and confidence levels specified in subrule (5) of this rule, then an employer may rely on the earlier monitoring results  to  satisfy  the requirements of this subrule.

(2)  This subrule applies only to the construction  industry.  Except  as provided for in subrule (3) of this rule, if a determination that is made in compliance with the provisions of R 325.51854(1) shows  the  possibility  of employee exposure to cadmium at or above the action level, then an employer shall conduct exposure monitoring as soon as practicable that is representative of the exposure for each employee in the workplace who is or may be exposed to cadmium at or above the action level. In addition, if an employee periodically performs tasks that may expose the employee to a higher concentration of airborne cadmium, then the employee shall be monitored while performing the tasks.

(3)    If an employer has objective data, as specified in R 325.51881(2), which demonstrate that employee exposure to cadmium  will  not  exceed  the action level under the expected conditions of processing, use,  or  handling, then an employer may

rely upon the data instead of implementing  the   initial monitoring required by subrules

(1)  and (2) of this rule.

(4)    This subrule applies only to The construction industry. If, pursuant to the provisions of R 325.51854(1) or R 325.51855(2), a determination of exposure is made that a potentially exposed employee is not exposed to airborne concentrations of cadmium at or above the action level, an employer shall make a written record of the determination. The record shall include at least the monitoring data that is developed pursuant to the provisions of subrules (2) and (3) of this rule, if applicable, and shall also include the name and social security number of each  employee  and  the  date  of the determination.

(5)   If the initial monitoring or  periodic  monitoring   reveals  employee exposures to be at or above the action level, then an employer shall monitor at a frequency and pattern needed to ensure that  the  monitoring  results reflect, with reasonable accuracy, an employee's typical exposure levels given the variability in  the  tasks   performed, work practices, and environmental conditions on the jobsite and to ensure the adequacy of respiratory protection selection and the effectiveness of engineering and work practice controls.

(6)   This subrule applies only to  general  industry  and  agricultural operations. An employer shall  perform  the  periodic  monitoring   that  is described in subrule (5) of this rule at least once every 6 months until the conditions specified in subrule (7) of this rule are met.

(7)   If the initial monitoring or the periodic monitoring indicates that an employee exposure is below the action level and that exposure is confirmed by the results of other monitoring that is performed not less than 7 days later, then an employer may discontinue the monitoring for employees whose exposures are represented by initial or periodic and other monitoring.

(8)     An employer shall conduct exposure monitoring that is required by the provision of subrules (2) and (5) of this  rule if  any of  the following situations occur:

(a)   There has been a change in the raw materials, equipment, personnel, work practices, or finished products that may result in additional employees being exposed to cadmium at or above the action level.

(b)   An employee who is presently exposed to cadmium at or above the action level becomes exposed above the PEL.

(c)   An employer or competent person has any reason to suspect that any other change might result in an additional exposure.

History: 1993 AACS; 1998 AACS.