[Code of Federal Regulations]
[Title 29, Volume 6]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1910.1029]
[Page 247-260]
TITLE 29--LABOR
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT
OF LABOR
PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS (CONTINUED)--Table of Contents
Subpart Z--Toxic and Hazardous Substances
Sec. 1910.1029 Coke oven emissions.
(a) Scope and application. This section applies to the control of
employee exposure to coke oven emissions, except that this section shall
not apply to working conditions with regard to which other Federal
agencies exercise statutory authority to prescribe or enforce standards
affecting occupational safety and health.
[[Page 248]]
(b) Definitions. For the purpose of this section:
Authorized person means any person specifically authorized by the
employer whose duties require the person to enter a regulated area, or
any person entering such an area as a designated representative of
employees for the purpose of exercising the opportunity to observe
monitoring and measuring procedures under paragraph (n) of this section.
Beehive oven means a coke oven in which the products of
carbonization other than coke are not recovered, but are released into
the ambient air.
Coke oven means a retort in which coke is produced by the
destructive distillation or carbonization of coal.
Coke oven battery means a structure containing a number of slot-type
coke ovens.
Coke oven emissions means the benzene-soluble fraction of total
particulate matter present during the destructive distillation or
carbonization of coal for the production of coke.
Director means the Director, National Institute for Occupational
Safety and Health, U.S. Department of Health, Education, and Welfare, or
his or her designee.
Emergency means any occurence such as, but not limited to, equipment
failure which is likely to, or does, result in any massive release of
coke oven emissions.
Existing coke oven battery means a battery in operation or under
construction on January 20, 1977, and which is not a rehabilitated coke
oven battery.
Rehabilitated coke oven battery means a battery which is rebuilt,
overhauled, renovated, or restored such as from the pad up, after
January 20, 1977.
Secretary means the Secretary of Labor, U.S. Department of Labor, or
his or her designee.
Stage charging means a procedure by which a predetermined volume of
coal in each larry car hopper is introduced into an oven such that no
more than two hoppers are discharging simultaneously.
Sequential charging means a procedure, usually automatically timed,
by which a predetermined volume of coal in each larry car hopper is
introduced into an oven such that no more than two hoppers commence or
finish discharging simultaneously although, at some point, all hoppers
are discharging simultaneously.
Pipeline charging means any apparatus used to introduce coal into an
oven which uses a pipe or duct permanently mounted onto an oven and
through which coal is charged.
Green plush means coke which when removed from the oven results in
emissions due to the presence of unvolatilized coal.
(c) Permissible exposure limit. The employer shall assure that no
employee in the regulated area is exposed to coke oven emissions at
concentrations greater than 150 micrograms per cubic meter of air (150
[mu]g/m\3\), averaged over any 8-hour period.
(d) Regulated areas. (1) The employer shall establish regulated
areas and shall limit access to them to authorized persons.
(2) The employer shall establish the following as regulated areas:
(i) The coke oven battery including topside and its machinery,
pushside and its machinery, coke side and its machinery, and the battery
ends; the wharf; and the screening station;
(ii) The beehive oven and its machinery.
(e) Exposure monitoring and measurement--(1) Monitoring program. (i)
Each employer who has a place of employment where coke oven emissions
are present shall monitor employees employed in the regulated area to
measure their exposure to coke oven emissions.
(ii) The employer shall obtain measurements which are representative
of each employee's exposure to coke oven emissions over an eight-hour
period. All measurements shall determine exposure without regard to the
use of respiratory protection.
(iii) The employer shall collect fullshift (for at least seven
continuous hours) personal samples, including at least one sample during
each shift for each battery and each job classification within the
regulated areas including at least the following job classifications:
(a) Lidman;
(b) Tar chaser;
(c) Larry car operator;
[[Page 249]]
(d) Luterman;
(e) Machine operator, coke side;
(f) Benchman, coke side;
(g) Benchman, pusher side;
(h) Heater;
(i) Quenching car operator;
(j) Pusher machine operator;
(k) Screening station operator;
(l) Wharfman;
(m) Oven patcher;
(n) Oven repairman;
(o) Spellman; and
(p) Maintenance personnel.
(iv) The employer shall repeat the monitoring and measurements
required by this paragraph (e)(1) at least every three months.
(2) Redetermination. Whenever there has been a production, process,
or control change which may result in new or additional exposure to coke
oven emissions, or whenever the employer has any other reason to suspect
an increase in employee exposure, the employer shall repeat the
monitoring and measurements required by paragraph (e)(1) of this section
for those employees affected by such change or increase.
(3) Employee notification. (i) The employer shall notify each
employee in writing of the exposure measurements which represent that
employe's exposure within five working days after the receipt of the
results of measurements required by paragraphs (e)(1) and (e)(2) of this
section.
(ii) Whenever such results indicate that the representative employee
exposure exceeds the permissible exposure limit, the employer shall, in
such notification, inform each employee of that fact and of the
corrective action being taken to reduce exposure to or below the
permissible exposure limit.
(4) Accuracy of measurement. The employer shall use a method of
monitoring and measurement which has an accuracy (with a confidence
level of 95%) of not less than plus or minus 35% for concentrations of
coke oven emissions greater than or equal to 150 [mu]g/m\3\.
(f) Methods of compliance. The employer shall control employee
exposure to coke oven emmissions by the use of engineering controls,
work practices and respiratory protection as follows:
(1) Priority of compliance methods--(i) Existing coke oven
batteries. (a) The employer shall institute the engineering and work
practice controls listed in paragraphs (f)(2), (f)(3) and (f)(4) of this
section in existing coke oven batteries at the earliest possible time,
but not later than January 20, 1980, except to the extent that the
employer can establish that such controls are not feasible. In
determining the earliest possible time for institution of engineering
and work practice controls, the requirement, effective August 27, 1971,
to implement feasible administrative or engineering controls to reduce
exposures to coal tar pitch volatiles, shall be considered. Wherever the
engineering and work practice controls which can be instituted are not
sufficient to reduce employee exposures to or below the permissible
exposure limit, the employer shall nonetheless use them to reduce
exposures to the lowest level achievable by these controls and shall
supplement them by the use of respiratory protection which complies with
the requirements of paragraph (g) of this section.
(b) The engineering and work practice controls required under
paragraphs (f)(2), (f)(3) and (f)(4) of this section are minimum
requirements generally applicable to all existing coke oven batteries.
If, after implementing all controls required by paragraphs (f)(2),
(f)(3) and (f)(4) of this section, or after January 20, 1980, whichever
is sooner, employee exposures still exceed the permissible exposure
limit, employers shall implement any other engineering and work practice
controls necessary to reduce exposure to or below the permissible
exposure limit except to the extent that the employer can establish that
such controls are not feasible. Whenever the engineering and work
practice controls which can be instituted are not sufficient to reduce
employee exposures to or below the permissible exposure limit, the
employer shall nonetheless use them to reduce exposures to the lowest
level achievable by these controls and shall supplement them by the use
of respiratory protection which complies with the requirements of
paragraph (g) of this section.
(ii) New or rehabilitated coke oven batteries. (a) The employer
shall institute the best available engineering and
[[Page 250]]
work practice controls on all new or rehabilitated coke oven batteries
to reduce and maintain employee exposures at or below the permissible
exposure limit, except to the extent that the employer can establish
that such controls are not feasible. Wherever the engineering and work
practice controls which can be instituted are not sufficient to reduce
employee exposures to or below the permissible exposure limit, the
employer shall nonetheless use them to reduce exposures to the lowest
level achievable by these controls and shall supplement them by the use
of respiratory protection which complies with the requirements of
paragraph (g) of this section.
(b) If, after implementing all the engineering and work practice
controls required by paragraph (f)(1)(ii)(a) of this section, employee
exposures still exceed the permissible exposure limit, the employer
shall implement any other engineering and work practice controls
necessary to reduce exposure to or below the permissible exposure limit
except to the extent that the employer can establish that such controls
are not feasible. Wherever the engineering and work practice controls
which can be instituted are not sufficient to reduce employee exposures
to or below the permissible exposure limit, the employer shall
nonetheless use them to reduce exposures to the lowest level achievable
by these controls and shall supplement them by the use of respiratory
protection which complies with the requirements of paragraph (g) of this
section.
(iii) Beehive ovens. (a) The employer shall institute engineering
and work practice controls on all beehive ovens at the earliest possible
time to reduce and maintain employee exposures at or below the
permissible exposure limit, except to the extent that the employer can
establish that such controls are not feasible. In determining the
earliest possible time for institution of engineering and work practice
controls, the requirement, effective August 27, 1971, to implement
feasible administrative or engineering controls to reduce exposures to
coal tar pitch volatiles, shall be considered. Wherever the engineering
and work practice controls which can be instituted are not sufficient to
reduce employee exposures to or below the permissible exposure limit,
the employer shall nonetheless use them to reduce exposures to the
lowest level achievable by these controls and shall supplement them by
the use of respiratory protection which complies with the requirements
of paragraph (g) of this section.
(b) If, after implementing all engineering and work practice
controls required by paragraph (f)(1)(iii)(a) of this section, employee
exposures still exceed the permissible exposure limit, the employer
shall implement any other engineering and work practice controls
necessary to reduce exposures to or below the permissible exposure limit
except to the extent that the employer can establish that such controls
are not feasible. Whenever the engineering and work practice controls
which can be instituted are not sufficient to reduce employee exposures
to or below the permissible exposure limit, the employer shall
nonetheless use them to reduce exposures to the lowest level achievable
by these controls and shall supplement them by the use of respiratory
protection which complies with the requirements of paragraph (g) of this
section.
(2) Engineering controls--(i) Charging. The employer shall equip and
operate existing coke oven batteries with all of the following
engineering controls to control coke oven emissions during charging
operations:
(a) One of the following methods of charging:
(1) Stage charging as described in paragraph (f)(3)(i)(b) of this
section; or
(2) Sequential charging as described in paragraph (f)(3)(i)(b) of
this section except that paragraph (f)(3)(i)(b)(3)(iv) of this section
does not apply to sequential charging; or
(3) Pipeline charging or other forms of enclosed charging in
accordance with paragraph (f)(2)(i) of this section, except that
paragraphs (f)(2)(i)(b), (d), (e), (f) and (h) of this section do not
apply;
(b) Drafting from two or more points in the oven being charged,
through the use of double collector mains, or a fixed or moveable jumper
pipe system to another oven, to effectively remove
[[Page 251]]
the gases from the oven to the collector mains;
(c) Aspiration systems designed and operated to provide sufficient
negative pressure and flow volume to effectively move the gases evolved
during charging into the collector mains, including sufficient steam
pressure, and steam jets of sufficient diameter;
(d) Mechanical volumetric controls on each larry car hopper to
provide the proper amount of coal to be charged through each charging
hole so that the tunnel head will be sufficient to permit the gases to
move from the oven into the collector mains;
(e) Devices to facilitate the rapid and continuous flow of coal into
the oven being charged, such as stainless steel liners, coal vibrators
or pneumatic shells;
(f) Individually operated larry car drop sleeves and slide gates
designed and maintained so that the gases are effectively removed from
the oven into the collector mains;
(g) Mechanized gooseneck and standpipe cleaners;
(h) Air seals on the pusher machine leveler bars to control air
infiltration during charging; and
(i) Roof carbon cutters or a compressed air system or both on the
pusher machine rams to remove roof carbon.
(ii) Coking. The employer shall equip and operate existing coke oven
batteries with all of the following engineering controls to control coke
oven emissions during coking operations;
(a) A pressure control system on each battery to obtain uniform
collector main pressure;
(b) Ready access to door repair facilities capable of prompt and
efficient repair of doors, door sealing edges and all door parts;
(c) An adequate number of spare doors available for replacement
purposes;
(d) Chuck door gaskets to control chuck door emissions until such
door is repaired, or replaced; and
(e) Heat shields on door machines.
(3) Work practice controls--(i) Charging. The employer shall operate
existing coke oven batteries with all of the following work practices to
control coke oven emissions during the charging operation:
(a) Establishment and implementation of a detailed, written
inspection and cleaning procedure for each battery consisting of at
least the following elements:
(1) Prompt and effective repair or replacement of all engineering
controls;
(2) Inspection and cleaning of goosenecks and standpipes prior to
each charge to a specified minimum diameter sufficient to effectively
move the evolved gases from the oven to the collector mains;
(3) Inspection for roof carbon build-up prior to each charge and
removal of roof carbon as necessary to provide an adequate gas channel
so that the gases are effectively moved from the oven into the collector
mains;
(4) Inspection of the steam aspiration system prior to each charge
so that sufficient pressure and volume is maintained to effectively move
the gases from the oven to the collector mains;
(5) Inspection of steam nozzles and liquor sprays prior to each
charge and cleaning as necessary so that the steam nozzles and liquor
sprays are clean;
(6) Inspection of standpipe caps prior to each charge and cleaning
and luting or both as necessary so that the gases are effectively moved
from the oven to the collector mains; and
(7) Inspection of charging holes and lids for cracks, warpage and
other defects prior to each charge and removal of carbon to prevent
emissions, and application of luting material to standpipe and charging
hole lids where necessary to obtain a proper seal.
(b) Establishment and implementation of a detailed written charging
procedure, designed and operated to eliminate emissions during charging
for each battery, consisting of at least the following elements:
(1) Larry car hoppers filled with coal to a predetermined level in
accordance with the mechanical volumetric controls required under
paragraph (f)(2)(i)(d) of this section so as to maintain a sufficient
gas passage in the oven to be charged;
(2) The larry car aligned over the oven to be charged, so that the
drop
[[Page 252]]
sleeves fit tightly over the charging holes; and
(3) The oven charged in accordance with the following sequence of
requirements:
(i) The aspiration system turned on;
(ii) Coal charged through the outermost hoppers, either individually
or together depending on the capacity of the aspiration system to
collect the gases involved;
(iii) The charging holes used under paragraph (f)(3)(i)(b)(3)(ii) of
this section relidded or otherwise sealed off to prevent leakage of coke
oven emissions;
(iv) If four hoppers are used, the third hopper discharged and
relidded or otherwise sealed off to prevent leakage of coke oven
emissions;
(v) The final hopper discharged until the gas channel at the top of
the oven is blocked and then the chuck door opened and the coal leveled;
(vi) When the coal from the final hopper is discharged and the
leveling operation complete, the charging hole relidded or otherwise
sealed off to prevent leakage of coke oven emissions; and
(vii) The aspiration system turned off only after the charging holes
have been closed.
(c) Establishment and implementation of a detailed written charging
procedure, designed and operated to eliminate emissions during charging
of each pipeline or enclosed charged battery.
(ii) Coking. The employer shall operate existing coke oven batteries
pursuant to a detailed written procedure established and implemented for
the control of coke oven emissions during coking, consisting of at least
the following elements:
(a) Checking oven back pressure controls to maintain uniform
pressure conditions in the collecting main;
(b) Repair, replacement and adjustment of oven doors and chuck doors
and replacement of door jambs so as to provide a continuous metal-to-
metal fit;
(c) Cleaning of oven doors, chuck doors and door jambs each coking
cycle so as to provide an effective seal;
(d) An inspection system and corrective action program to control
door emissions to the maximum extent possible; and
(e) Luting of doors that are sealed by luting each coking cycle and
reluting, replacing or adjusting as necessary to control leakage.
(iii) Pushing. The employer shall operate existing coke oven
batteries with the following work practices to control coke oven
emissions during pushing operations:
(a) Coke and coal spillage quenched as soon as practicable and not
shoveled into a heated oven; and
(b) A detailed written procedure for each battery established and
implemented for the control of emissions during pushing consisting of
the following elements:
(1) Dampering off the ovens and removal of charging hole lids to
effectively control coke oven emissions during the push;
(2) Heating of the coal charge uniformly for a sufficient period so
as to obtain proper coking including preventing green pushes;
(3) Prevention of green pushes to the maximum extent possible;
(4) Inspection, adjustment and correction of heating flue
temperatures and defective flues at least weekly and after any green
push, so as to prevent green pushes;
(5) Cleaning of heating flues and related equipment to prevent green
pushes, at least weekly and after any green push.
(iv) Maintenance and repair. The employer shall operate existing
coke oven batteries pursuant to a detailed written procedure of
maintenance and repair established and implemented for the effective
control of coke oven emissions consisting of the following elements:
(a) Regular inspection of all controls, including goosenecks,
standpipes, standpipe caps, charging hold lids and castings, jumper
pipes and air seals for cracks, misalignment or other defects and prompt
implementation of the necessary repairs as soon as possible;
(b) Maintaining the regulated area in a neat, orderly condition free
of coal and coke spillage and debris;
(c) Regular inspection of the damper system, aspiration system and
collector main for cracks or leakage, and
[[Page 253]]
prompt implementation of the necessary repairs;
(d) Regular inspection of the heating system and prompt
implementation of the necessary repairs;
(e) Prevention of miscellaneous fugitive topside emissions;
(f) Regular inspection and patching of oven brickwork;
(g) Maintenance of battery equipment and controls in good working
order;
(h) Maintenance and repair of coke oven doors, chuck doors, door
jambs and seals; and
(i) Repairs instituted and completed as soon as possible, including
temporary repair measures instituted and completed where necessary,
including but not limited to:
(1) Prevention of miscellaneous fugitive topside emissions; and
(2) Chuck door gaskets, which shall be installed prior to the start
of the next coking cycle.
(4) Filtered air. (i) The employer shall provided positive-pressure,
temperature controlled filtered air for larry car, pusher machine, door
machine, and quench car cabs.
(ii) The employer shall provide standby pulpits on the battery
topside, at the wharf, and at ther screening station, equipped with
positive-pressure, temperature controlled filtered air.
(5) Emergencies. Whenever an emergency occurs, the next coking cycle
may not begin until the cause of the emergency is determined and
corrected, unless the employer can establish that it is necessary to
initiate the next coking cycle in order to determine the cause of the
emergency.
(6) Compliance program. (i) Each employer shall establish and
implement a written program to reduce exposures solely by means of the
engineering and work practice controls required in paragraph (f) of this
section.
(ii) The written program shall include at least the following:
(a) A description of each coke oven operation by battery, including
work force and operating crew, coking time, operating procedures and
maintenance practices;
(b) Engineering plans and other studies used to determine the
controls for the coke battery;
(c) A report of the technology considered in meeting the permissible
exposure limit;
(d) Monitoring data obtained in accordance with paragraph (e) of
this section;
(e) A detailed schedule for the implementation of the engineering
and work practice controls required in paragraph (f) of this section;
and
(f) Other relevant information.
(iii) If, after implementing all controls required by paragraph
(f)(2)-(f)(4) of this section, or after January 20, 1980, whichever is
sooner, or after completion of a new or rehabilitated battery the
permissible exposure limit is still exceeded, the employer shall develop
a detailed written program and schedule for the implementation of any
additional engineering controls and work practices necessary to reduce
exposure to or below the permissible exposure limit.
(iv) Written plans for such programs shall be submitted, upon
request, to the Secretary and the Director, and shall be available at
the worksite for examination and copying by the Secretary, the Director,
and the authorized employee representative. The plans required under
paragraph (f)(6) of this section shall be revised and updated at least
every six months to reflect the current status of the program.
(7) Training in compliance procedures. The employer shall
incorporate all written procedures and schedules required under this
paragraph (f) in the information and training program required under
paragraph (k) of this section and, where appropriate, post in the
regulated area.
(g) Respiratory protection--(1) General. For employees who use
respirators required by this section, the employer must provide
respirators that comply with the requirements of this paragraph.
Compliance with the permissible exposure limit may not be achieved by
the use of respirators except during:
(i) Periods necessary to install or implement feasible engineering
and work-practice controls.
(ii) Work operations, such as maintenance and repair activity, for
which engineering and work-practice controls are technologically not
feasible.
[[Page 254]]
(iii) Work operations for which feasible engineering and work-
practice controls are not yet sufficient to reduce employee exposure to
or below the permissible exposure limit.
(iv) Emergencies.
(2) Respirator program. The employer must implement a respiratory
protection program in accordance with 29 CFR 1910.134 (b) through (d)
(except (d)(1)(iii)), and (f) through (m).
(3) Respirator selection. The employer must select appropriate
respirators or combination of respirators from Table I of this section.
Table I--Respiratory Protection for Coke Oven Emissions
------------------------------------------------------------------------
Airborne concentration of
coke oven emissions Required respirator
------------------------------------------------------------------------
(a) Any concentration........ (1) A Type C supplied air respirator
operated in pressure demand or other
positive pressure or continuous flow
mode; or
(2) A powered air-purifying particulate
filter respirator for dust and mist or
(3) A powered air-purifying particulate
filter respirator or combination
chemical cartridge and particulate
filter respirator for coke oven
emissions.
(b) Concentrations not (1) Any particulate filter respirator for
greater than 1500 ug/m \3\. dust and mist except single-use
respirator; or
(2) Any particulate filter respirator or
combination chemical cartridge and
particulate filter respirator for coke
oven emissions; or
(3) Any respirator listed in paragraph
(g)(3)(a) of this section.
------------------------------------------------------------------------
(h) Protective clothing and equipment--(1) Provision and use. The
employer shall provide and assure the use of appropriate protective
clothing and equipment, such as but not limited to:
(i) Flame resistant jacket and pants;
(ii) Flame resistant gloves;
(iii) Face shields or vented goggles which comply with
Sec. 1910.133(a)(2) of this part;
(iv) Footwear providing insulation from hot surfaces for footwear;
(v) Safety shoes which comply with Sec. 1910.136 of this part; and
(vi) Protective helmets which comply with Sec. 1910.135 of this
part.
(2) Cleaning and replacement. (i) The employer shall provide the
protective clothing required by paragraphs (h)(1) (i) and (ii) of this
section in a clean and dry condition at least weekly.
(ii) The employer shall clean, launder, or dispose of protective
clothing required by paragraphs (h)(1) (i) and (ii) of this section.
(iii) The employer shall repair or replace the protective clothing
and equipment as needed to maintain their effectiveness.
(iv) The employer shall assure that all protective clothing is
removed at the completion of a work shift only in change rooms
prescribed in paragraph (i)(1) of this section.
(v) The employer shall assure that contaminated protective clothing
which is to be cleaned, laundered, or disposed of, is placed in a
closable container in the change room.
(vi) The employer shall inform any person who cleans or launders
protective clothing required by this section, of the potentially harmful
effects of exposure to coke oven emissions.
(i) Hygiene facilities and practices--(1) Change rooms. The employer
shall provide clean change rooms equipped with storage facilities for
street clothes and separate storage facilities for protective clothing
and equipment whenever employees are required to wear protective
clothing and equipment in accordance with paragraph (h)(1) of this
section.
(2) Showers. (i) The employer shall assure that employees working in
the regulated area shower at the end of the work shift.
(ii) The employer shall provide shower facilities in accordance with
Sec. 1910.141(d)(3) of this part.
(3) Lunchrooms. The employer shall provide lunchroom facilities
which have a temperature controlled, positive pressure, filtered air
supply, and which are readily accessible to employees working in the
regulated area.
(4) Lavatories. (i) The employer shall assure that employees working
in the regulated area wash their hands and face prior to eating.
[[Page 255]]
(ii) The employer shall provide lavatory facilities in accordance
with Sec. 1910.141(d) (1) and (2) of this part.
(5) Prohibition of activities in the regulated area. (i) The
employer shall assure that in the regulated area, food or beverages are
not present or consumed, smoking products are not present or used, and
cosmetics are not applied, except that these activities may be conducted
in the lunchrooms, change rooms and showers required under paragraphs
(i)(1)-(i)(3) of this section.
(ii) Drinking water may be consumed in the regulated area.
(j) Medical surveillance--(1) General requirements. (i) Each
employer shall institute a medical surveillance program for all
employees who are employed in a regulated area at least 30 days per
year.
(ii) This program shall provide each employee covered under
paragraph (j)(1)(i) of this section with an opportunity for medical
examinations in accordance with this paragraph (j).
(iii) The employer shall inform any employee who refuses any
required medical examination of the possible health consequences of such
refusal and shall obtain a signed statement from the employee indicating
that the employee understands the risk involved in the refusal to be
examined.
(iv) The employer shall assure that all medical examinations and
procedures are performed by or under the supervision of a licensed
physician, and are provided without cost to the employee.
(2) Initial examinations. At the time of initial assignment to a
regulated area or upon the institution of the medical surveillance
program, the employer shall provide a medical examination for employees
covered under paragraph (j)(1)(i) of this section including at least the
following elements:
(i) A work history and medical history which shall include smoking
history and the presence and degree of respiratory symptoms, such as
breathlessness, cough, sputum production, and wheezing;
(ii) A 14x17 posterior-anterior chest x-ray
and International Labour Office UICC/Cincinnati (ILO U/C) rating;
(iii) Pulmonary function tests including forced vital capacity (FVC)
and forced expiratory volume at one second (FEV 1.0) with recording of
type of equipment used;
(iv) Weight;
(v) A skin examination;
(vi) Urinalysis for sugar, albumin, and hematuria; and
(vii) A urinary cytology examination.
(3) Periodic examinations. (i) The employer shall provide the
examinations specified in paragraphs (j)(2) (i)-(vi) of this section at
least annually for employees covered under paragraph (j)(1)(i) of this
section.
(ii) The employer shall provide the examinations specified in
paragraphs (j)(2)(i) and (j)(2)(iii) through (vii) of this section at
least semi-annually for employees 45 years of age or older or with five
(5) or more years employment in the regulated area.
(iii) Whenever an employee who is 45 years of age or older or with
five (5) or more years employment in the regulated area transfers or is
transferred from employment in a regulated area, the employer shall
continue to provide the examinations specified in paragraphs (j)(2)(i)
and (j)(2)(iii) through (vii) of this section semi-annually, as long as
that employee is employed by the same employer or a successor employer.
(iv) The employer shall provide the x-ray specified in paragraph
(j)(2)(ii) of this section at least annually for employees covered under
paragraph (j)(3) of this section.
(v) Whenever an employee has not taken the examinations specified in
paragraphs (j)(3) (i)-(iii) of this section with the six (6) months
preceding the termination of employment the employer shall provide such
examinations to the employee upon termination of employment.
(4) Information provided to the physician. The employer shall
provide the following information to the examining physician:
(i) A copy of this regulation and its Appendixes;
(ii) A description of the affected employee's duties as they relate
to the employee's exposure;
(iii) The employee's exposure level or estimated exposure level;
[[Page 256]]
(iv) A description of any personal protective equipment used or to
be used; and
(v) Information from previous medical examinations of the affected
employee which is not readily available to the examining physician.
(5) Physician's written opinion. (i) The employer shall obtain a
written opinion from the examining physician which shall include:
(a) The results of the medical examinations;
(b) The physician's opinion as to whether the employee has any
detected medical conditions which would place the employee at increased
risk of material impairment of the employee's health from exposure to
coke oven emissions;
(c) Any recommended limitations upon the employee's exposure to coke
oven emissions or upon the use of protective clothing or equipment such
as respirators; and
(d) A statement that the employee has been informed by the physician
of the results of the medical examination and any medical conditions
which require further explanation or treatment.
(ii) The employer shall instruct the physician not to reveal in the
written opinion specific findings or diagnoses unrelated to occupational
exposure.
(iii) The employer shall provide a copy of the written opinion to
the affected employee.
(k) Employee information and training--(1) Training program. (i) The
employer shall institute a training program for employees who are
employed in the regulated area and shall assure their participation.
(ii) The training program shall be provided as of January 27, 1977
for employees who are employed in the regulated area at that time or at
the time of initial assignment to a regulated area.
(iii) The training program shall be provided at least annually for
all employees who are employed in the regulated area, except that
training regarding the occupational safety and health hazards associated
with exposure to coke oven emissions and the purpose, proper use, and
limitations of respiratory protective devices shall be provided at least
quarterly until January 20, 1978.
(iv) The training program shall include informing each employee of:
(a) The information contained in the substance information sheet for
coke oven emissions (Appendix A);
(b) The purpose, proper use, and limitations of respiratory
protective devices required in accordance with paragraph (g) of this
section;
(c) The purpose for and a description of the medical surveillance
program required by paragraph (j) of this section including information
on the occupational safety and health hazards associated with exposure
to coke oven emissions;
(d) A review of all written procedures and schedules required under
paragraph (f) of this section; and
(e) A review of this standard.
(2) Access to training materials. (i) The employer shall make a copy
of this standard and its appendixes readily available to all employees
who are employed in the regulated area.
(ii) The employer shall provide upon request all materials relating
to the employee information and training program to the Secretary and
the Director.
(l) Precautionary signs and labels--(1) General. (i) The employer
may use labels or signs required by other statutes, regulations or
ordinances in addition to, or in combination with, signs and labels
required by this paragraph.
(ii) The employer shall assure that no statement appears on or near
any sign required by this paragraph which contradicts or detracts from
the effects of the required sign.
(iii) The employer shall assure that signs required by this
paragraph are illuminated and cleaned as necessary so that the legend is
readily visible.
(2) Signs. (i) The employer shall post signs in the regulated area
bearing the legends:
DANGER
CANCER HAZARD
AUTHORIZED PERSONNEL ONLY
NO SMOKING OR EATING
(ii) In addition, not later than January 20, 1978, the employer
shall post signs in the areas where the permissible exposure limit is
exceeded bearing the legend:
[[Page 257]]
DANGER
RESPIRATOR REQUIRED
(3) Labels. The employer shall apply precautionary labels to all
containers of protective clothing contaminated with coke oven emissions
bearing the legend:
CAUTION
CLOTHING CONTAMINATED WITH COKE EMISSIONS
DO NOT REMOVE DUST BY BLOWING OR SHAKING
(m) Recordkeeping--(1) Exposure measurements. The employer shall
establish and maintain an accurate record of all measurements taken to
monitor employee exposure to coke oven emissions required in paragraph
(e) of this section.
(i) This record shall include:
(a) Name, social security number, and job classification of the
employees monitored;
(b) The date(s), number, duration and results of each of the samples
taken, including a description of the sampling procedure used to
determine representative employee exposure where applicable;
(c) The type of respiratory protective devices worn, if any;
(d) A description of the sampling and analytical methods used and
evidence of their accuracy; and
(e) The environmental variables that could affect the measurement of
employee exposure.
(ii) The employer shall maintain this record for at lest 40 years or
for the duration of employment plus 20 years, whichever is longer.
(2) Medical surveillance. The employer shall establish and maintain
an accurate record for each employee subject to medical surveillance as
required by paragraph (j) of this section.
(i) The record shall include:
(a) The name, social security number, and description of duties of
the employee;
(b) A copy of the physician's written opinion;
(c) The signed statement of any refusal to take a medical
examination under paragraph (j)(1)(ii) of this section; and
(d) Any employee medical complaints related to exposure to coke oven
emissions.
(ii) The employer shall keep, or assure that the examining physician
keeps, the following medical records:
(a) A copy of the medical examination results including medical and
work history required under paragraph (j)(2) of this section;
(b) A description of the laboratory procedures used and a copy of
any standards or guidelines used to interpret the test results;
(c) The initial x-ray;
(d) The x-rays for the most recent five (5) years;
(e) Any x-ray with a demonstrated abnormality and all subsequent x-
rays;
(f) The initial cytologic examination slide and written description;
(g) The cytologic examination slide and written description for the
most recent 10 years; and
(h) Any cytologic examination slides with demonstrated atypia, if
such atypia persists for 3 years, and all subsequent slides and written
descriptions.
(iii) The employer shall maintain medical records required under
paragraph (m)(2) of this section for at least 40 years, or for the
duration of employment plus 20 years, whichever is longer.
(3) Availability. (i) The employer shall make available upon request
all records required to be maintained by paragraph (m) of this section
to the Secretary and the Director for examination and copying.
(ii) Employee exposure measurement records and employee medical
records required by this paragraph shall be provided upon request to
employees, designated representatives, and the Assistant Secretary in
accordance with 29 CFR 1910.20(a)-(e) and (g)-(i).
(4) Transfer of records. (i) Whenever the employer ceases to do
business, the successor employer shall receive and retain all records
required to be maintained by paragraph (m) of this section.
(ii) Whenever the employer ceases to do business and there is no
successor employer to receive and retain the records for the prescribed
period, these records shall be transmitted by registered mail to the
Director.
(iii) At the expiration of the retention period for the records
required to be maintained under paragraphs (m)(1) and (m)(2) of this
section, the employer
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shall transmit these records by registered mail to the Director or shall
continue to retain such records.
(iv) The employer shall also comply with any additional requirements
involving transfer of records set forth in 29 CFR 1910.20(h).
(n) Observation of monitoring--(1) Employee observation. The
employer shall provide affected employees or their representatives an
opportunity to observe any measuring or monitoring of employee exposure
to coke oven emissions conducted pursuant to paragraph (e) of this
section.
(2) Observation procedures. (i) Whenever observation of the
measuring or monitoring of employee exposure to coke oven emissions
requires entry into an area where the ues of protective clothing or
equipment is required, the employer shall provide the observer with and
assure the use of such equipment and shall require the observer to
comply with all other applicable safety and health procedures.
(ii) Without interfering with the measurement, observers shall be
entitled to:
(a) An Explanation of the measurement procedures;
(b) Observe all steps related to the measurement of coke oven
emissions performed at the place of exposure; and
(c) Record the results obtained.
(o) Effective date. This standard shall become effective January 20,
1977.
(p) Appendices. The information contained in the appendixes to this
section is not intended, by itself, to create any additional obligations
not otherwise imposed or to detract from any existing obligation.
[39 FR 23502, June 27, 1974, as amended at 63 FR 33468, June 18, 1998]
Appendix A to Sec. 1910.1029--Coke Oven Emissions Substance Information
Sheet
i. Substance Identification
A. Substance: Coke Oven Emissions
B. Definition: The benzene-soluble fraction of total particulate
matter present during the destructive distillation or carbonization of
coal for the production of coke.
C. Permissible Exposure Limit: 150 micrograms per cubic meter of air
determined as an average over an 8-hour period.
D. Regulated areas: Only employees authorized by your employer
should enter a regulated area. The employer is required to designate the
following areas as regulated areas: the coke oven battery, including
topside and its machinery, pushside and its machinery, cokeside and its
machinery, and the battery ends; the screening station; and the wharf;
and the beehive ovens and their machinery.
ii. Health Hazard Data
Exposure to coke oven emissions is a cause of lung cancer, and
kidney cancer, in humans. Although there have not been an excess number
of skin cancer cases in humans, repeated skin contact with coke oven
emissions should be avoided.
iii. Protective Clothing and Equipment
A. Respirators: Respirators will be provided by your employer for
routine use if your employer is in the process of implementing
engineering and work practice controls or where engineering and work
practice controls are not feasible or insufficient to reduce exposure to
or below the PEL. You must wear respirators for non-routine activities
or in emergency situations where you are likely to be exposed to levels
of coke oven emissions in excess of the permissible exposure limit.
Until January 20, 1978, the routine wearing of respirators is voluntary.
Until that date, if you choose not to wear a respirator you do not have
to do so. You must still have your respirator with you and you must
still wear it if you are near visible emissions. Since how well your
respirator fits your face is very important, your employer is required
to conduct fit tests to make sure the respirator seals properly when you
wear it. These tests are simple and rapid and will be explained to you
during your training sessions.
B. Protective clothing: Your employer is required to provide, and
you must wear, appropriate, clean, protective clothing and equipment to
protect your body from repeated skin contact with coke oven emissions
and from the heat generated during the coking process. This clothing
should include such items as jacket and pants and flame resistant
gloves. Protective equipment should include face shield or vented
goggles, protective helmets and safety shoes, insulated from hot
surfaces where appropriate.
iv. Hygiene Facilities and Practices
You must not eat, drink, smoke, chew gum or tobacco, or apply
cosmetics in the regulated area, except that drinking water is
permitted. Your employer is required to provide lunchrooms and other
areas for these purposes.
Your employer is required to provide showers, washing facilities,
and change rooms. If you work in a regulated area, you must wash your
face, and hands before eating. You must shower at the end of the work
shift. Do not
[[Page 259]]
take used protective clothing out of the change rooms without your
employer's permission. Your employer is required to provide for
laundering or cleaning of your protective clothing.
v. Signs and Labels
Your employer is required to post warning signs and labels for your
protection. Signs must be posted in regulated areas. The signs must warn
that a cancer hazard is present, that only authorized employees may
enter the area, and that no smoking or eating is allowed. In regulated
areas where coke oven emissions are above the permissible exposure
limit, the signs should also warn that respirators must be worn.
vi. Medical Examinations
If you work in a regulated area at least 30 days per year, your
employer is required to provide you with a medical examination every
year. The medical examination must include a medical history, a chest x-
ray, pulmonary function test, weight comparison, skin examination, a
urinalysis, and a urine cytology exam for early detection of urinary
cancer. The urine cytology exam is only included in the initial exam
until you are either 45 years or older, or have 5 or more years
employment in the regulated areas when the medical exams including this
test, but excepting the x-ray exam, are to be given every six months;
under these conditions, you are to be given an x-ray exam at least once
a year. The examining physician will provide a written opinion to your
employer containing the results of the medical exams. You should also
receive a copy of this opinion.
vii. Observation of Monitoring
Your employer is required to monitor your exposure to coke oven
emissions and you are entitled to observe the monitoring procedure. You
are entitled to receive an explanation of the measurement procedure,
observe the steps taken in the measurement procedure, and to record the
results obtained. When the monitoring procedure is taking place in an
area where respirators or personal protective clothing and equipment are
required to be worn, you must also be provided with and must wear the
protective clothing and equipment.
viii. Access to Records
You or your representative are entitled to records of your exposure
to coke oven emissions upon request to your employer. Your medical
examination records can be furnished to your physician upon request to
your employer.
ix. Training and Education
Additional information on all of these items plus training as to
hazards of coke oven emissions and the engineering and work practice
controls associated with your job will also be provided by your
employer.
[39 FR 23502, June 27, 1974, as amended at 63 FR 33468, June 18, 1998]
Appendix B to Sec. 1910.1029--Industrial Hygiene and Medical
Surveillance Guidelines
i. industrial hygiene guidelines
A. Sampling (Benzene-Soluble Fraction Total Particulate Matter).
Samples collected should be full shift (at least 7-hour) samples.
Sampling should be done using a personal sampling pump with pulsation
damper at a flow rate of 2 liters per minute. Samples should be
collected on 0.8 micrometer pore size silver membrane filters (37 mm
diameter) preceded by Gelman glass fiber type A-E filters encased in
three-piece plastic (polystyrene) field monitor cassettes. The cassette
face cap should be on and the plug removed. The rotameter should be
checked every hour to ensure that proper flow rates are maintained.
A minimum of three full-shift samples should be collected for each
job classification on each battery, at least one from each shift. If
disparate results are obtained for particular job classification,
sampling should be repeated. It is advisable to sample each shift on
more than one day to account for environmental variables (wind,
precipitation, etc.) which may affect sampling. Differences in exposures
among different work shifts may indicate a need to improve work
practices on a particular shift. Sampling results from different shifts
for each job classification should not be averaged. Multiple samples
from same shift on each battery may be used to calculate an average
exposure for a particular job classification.
B. Analysis.
1. All extraction glassware is cleaned with dichromic acid cleaning
solution, rinsed with tap water, then dionized water, acetone, and
allowed to dry completely. The glassware is rinsed with nanograde
benzene before use. The Teflon cups are cleaned with benzene then with
acetone.
2. Pre-weigh the 2 ml Teflon cups to one hundredth of a milligram
(0.01 mg) on a autobalance AD 2 Tare weight of the cups is about 50 mg.
3. Place the silver membrane filter and glass fiber filter into a 15
ml test tube.
4. Extract with 5 ml of benzene for five minutes in an ultrasonic
cleaner.
5. Filter the extract in 15 ml medium glass fritted funnels.
[[Page 260]]
6. Rinse test tube and filters with two 1.5 ml aliquots of benzene
and filter through the fritted glass funnel.
7. Collect the extract and two rinses in a 10 ml Kontes graduated
evaporative concentrator.
8. Evaporate down to 1 ml while rinsing the sides with benzene.
9. Pipet 0.5 ml into the Teflon cup and evaporate to dryness in a
vacuum oven at 40 deg.C for 3 hours.
10. Weigh the Teflon cup and the weight gain is due to the benzene
soluble residue in half the Sample.
ii. medical surveillance guidelines
A. General. The minimum requirements for the medical examination for
coke oven workers are given in paragraph (j) of the standard. The
initial examination is to be provided to all coke oven workers who work
at least 30 days in the regulated area. The examination includes a
14 x 17 posterior-anterior chest x-ray reading and
a ILO/UC rating to assure some standardization of x-ray reading,
pulmonary function tests (FVC and FEV 1.0), weight, urinalysis, skin
examination, and a urinary cytologic examination. These tests are needed
to serve as the baseline for comparing the employee's future test
results. Periodic exams include all the elements of the initial exam,
except that the urine cytologic test is to be performed only on those
employees who are 45 years or older or who have worked for 5 or more
years in the regulated area; periodic exams, with the exception of x-
rays, are to be performed semiannually for this group instead of
annually; for this group, x-rays will continue to be given at least
annually. The examination contents are minimum requirements; additional
tests such as lateral and oblique x-rays or additional pulmonary
function tests may be performed if deemed necessary.
B. Pulmonary function tests.
Pulmonary function tests should be performed in a manner which
minimizes subject and operator bias. There has been shown to be learning
effects with regard to the results obtained from certain tests, such as
FEV 1.0. Best results can be obtained by multiple trials for each
subject. The best of three trials or the average of the last three of
five trials may be used in obtaining reliable results. The type of
equipment used (manufacturer, model, etc.) should be recorded with the
results as reliability and accuracy varies and such information may be
important in the evaluation of test results. Care should be exercised to
obtain the best possible testing equipment.
[41 FR 46784, Oct. 22, 1976, as amended at 42 FR 3304, Jan. 18, 1977; 45
FR 35283, May 23, 1980; 50 FR 37353, 37354, Sept. 13, 1985; 54 FR 24334,
June 7, 1989; 61 FR 5508, Feb. 13, 1996; 63 FR 1290, Jan. 8, 1998; 63 FR
33468, June 18, 1998]