Section 325.51858. Engineering and work practice controls; written compliance program; applicability of rule to general industry and agricultural operations.

(1) This rule applies only to  general  industry  and  agricultural operations.

Except as specified in subrules (2), (4), and (5) of this rule, an employer shall implement engineering and work practice controls to reduce and maintain employee exposure to cadmium at or below the PEL, unless, and to the extent that, the employer can demonstrate that the controls are not feasible.

(2) Except as specified in subrules (4) and (5) of this rule,  for industries where a separate engineering control air limit (SECAL) is specified for the particular processes set forth in table 1, an employer shall implement engineering and work practice controls to reduce and maintain employee exposure at or below the specified SECAL, unless, and to the extent that, the employer can demonstrate that the controls are not feasible.    (3) Table 1 reads as follows:

Table 1

SEPARATE ENGINEERING CONTROL AIRBORNE LIMITS (SECAL)

SECAL

Industry Process (microgram Cd/m3 air)

Nickel cadmium battery Platemaking, plate preparation. 50

All other processes. 15

Zinc/cadmium refining* Cadmium refining, casting, 50 melting, oxide production, sinter plant.

Pigment manufacture Calcine, crushing, milling, blending. 50 All other processes. 15

Stabilizers* Cadmium oxide charging, crushing, drying, blending. 50 Lead smelting* Sinter plant, blast furnace, baghouse, yard area. 50 Plating* Mechanical plating. 15

*Processes in these industries that are not specified in this table shall achieve the PEL using engineering controls and work practices as required in subrule (2) of this rule.

(4)     The requirement to implement engineering and work practice controls to achieve the PEL or SECAL, where applicable, does not apply if an employer can demonstrate both of the following:

(a)  An employee is only intermittently exposed.

(b)    An employee is not exposed above the PEL on 30 or more days per 12- consecutive-month period.

(5)  If engineering and work practice controls are required and are not sufficient to reduce employee exposure to or below the PEL or SECAL, then an employer shall implement the controls to reduce exposures to the lowest levels achievable. The employer shall supplement the controls with respiratory protection that is in compliance with the provisions of R 325.51862 and R 325.51863 and the PEL.

(6)   An employer shall not use employee rotation as a method of compliance.

(7)   All of the following provisions apply to a written compliance program:

(a)  If the PEL is exceeded, then an employer shall establish and implement a written compliance program to reduce employee exposure to or below the PEL by means of engineering and work practice controls, as required  by subrules (1) and (2) of this rule.

(b)   If engineering and work practice controls cannot reduce exposures to or below the PEL, then an employer shall include, in the written compliance program, the use of appropriate respiratory protection to achieve  compliance with the PEL.

(c)     A written compliance program  shall  include   all  of  the  following information:

(i)   A description of each operation in which cadmium is emitted, including all of the following information, as appropriate:

(A)  The machinery used.

(B)  The material processed. (C)The controls in place.

(D)  The crew size.

(E)  Employee job responsibilities.

(F)  Operating procedures.

(G)  ) Maintenance practices.

(ii)      A description of the specific means that will be employed to achieve compliance, including engineering plans and studies that are used to determine the methods that are selected for controlling exposure to cadmium and, where necessary, the  use of appropriate  respiratory protection to achieve the PEL.

(iii)   A report of the technology applicable to meeting the PEL.

(iv)     Air monitoring data that document the levels and sources of cadmium emissions.

(v)     A detailed schedule for implementation of the program, including documentation such as copies of purchase orders for equipment and copies of construction contracts.

(vi)    A work practice program that includes items required by the provisions of R 325.51864 to R 325.51866.

(vii)   A written plan for emergency situations, as specified in R325.51864.

(viii)   Other relevant information.

(d)    A written compliance program shall be  reviewed  and  updated  at  least annually, or more often if necessary, to reflect significant changes in the employer's compliance status.

(e)   Upon request, a written compliance program shall be provided to affected employees, designated employee representatives, and the director for examination and copying.

History: 1993 AACS; 1998 AACS.