[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1990.111]

[Page 213-214]
 
                             TITLE 29--LABOR
 
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT 
                          OF LABOR--(CONTINUED)
 
PART 1990--IDENTIFICATION, CLASSIFICATION, AND REGULATION OF POTENTIAL OCCUPATIONAL CARCINOGENS--Table of Contents
 
Sec. 1990.111  General statement of regulatory policy.

    (a) This part establishes the criteria and procedures under which 
substances will be regulated by OSHA as potential occupational 
carcinogens. Although the conclusive identification of ``carcinogens'' 
is a complex matter ``on the frontiers of science,'' (IUD v. Hodgson 499 
F. 2d 467, 474 (D.C. Cir. 1974)), responsible health regulatory policy 
requires that criteria should be specified for the identification of 
substances which should be regulated as posing potential cancer risks to 
workers.
    (b) The criteria established by this part are based on an extensive 
review of scientific data and opinions. The part provides for amending 
these criteria in light of new scientific developments. Decisions as to 
whether any particular substance meets the criteria or not will be 
consistent with the policies and procedures established by this part and 
will be based upon scientific evaluation of the evidence on that 
substance.
    (c) This part applies to individual substances, groups of 
substances, or combinations or mixtures of substances which may be found 
in workplaces in the United States. In individual rulemaking proceedings 
under this part, the identity and range of substances and mixtures to be 
covered by the standard will be specified and the appropriateness of 
applying the available evidence to the range of substances and mixtures 
proposed for regulation will be subject to scientific and policy review.
    (d) Potential occupational carcinogens will be identified and 
classified on the basis of human epidemiological studies and/or 
experimental carcinogenesis bioassays in mammals. Positive results in 
short term tests will also be used as concordant evidence.
    (e) Potential occupational carcinogens will be classified and 
regulated in accordance with the policy. The scientific evidence as to 
whether individual substances meet these criteria will be considered in 
individual rulemakings. The issues which may be considered in these 
rulemakings will be limited as specified herein.
    (f) This policy provides for the classification of potential 
occupational carcinogens into two categories depending on the nature and 
extent of the available scientific evidence. The two categories of 
potential occupational carcinogens may be regulated differently.
    (g) The policy establishes a procedure for setting priorities and 
making them public.
    (h) Worker exposure to Category I Potential Carcinogens will be 
reduced primarily through the use of engineering and work practice 
controls.
    (i) Worker exposure to Category II Potential Carcinogens will be 
reduced as appropriate and consistent with the statutory requirements on 
a case-by-case basis in the rulemaking proceedings on individual 
substances. Any permissible exposure level so established shall be met 
primarily through engineering and work practice controls.
    (j) The assessment of cancer risk to workers resulting from exposure 
to a potential occupational carcinogen will be made on the basis of 
available data.

[[Page 214]]

Because of the uncertainties and serious consequences to workers if the 
estimated risk is understated, cautious and prudent assumptions will be 
utilized to perform risk assessments.
    (k) Where the Secretary determines that one or more suitable 
substitutes exist for certain uses of Category I Potential Carcinogens 
that are less hazardous to humans, a no occupational exposure level 
shall be set for those uses, to be achieved solely through the use of 
engineering and work practice controls to encourage substitution. In 
determining whether a substitute is suitable, the Secretary will 
consider the technological and economic feasibility of the introduction 
of the substitute, including its relative effectiveness and other 
relevant factors, such as regulatory requirements and the time needed 
for an orderly transition to the substitute.

[45 FR 5282, Jan. 22, 1980, as amended at 46 FR 5881, Jan. 21, 1981]