[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: 29CFR1910.1044]

[Page 303-315]
 
                             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. 1910.1044  1,2-dibromo-3-chloropropane.

    (a) Scope and application. (1) This section applies to occupational 
exposure to 1,2-dibromo-3-chloropropane (DBCP).
    (2) This section does not apply to:
    (i) Exposure to DBCP which results solely from the application and 
use of DBCP as a pesticide; or

[[Page 304]]

    (ii) The storage, transportation, distribution or sale of DBCP in 
intact containers sealed in such a manner as to prevent exposure to DBCP 
vapors or liquid, except for the requirements of paragraphs (i), (n) and 
(o) of this section.
    (b) Definitions. Authorized person means any person required by his 
duties to be present in regulated areas and authorized to do so by his 
employer, by this section, or by the Act. Authorized person also 
includes any person entering such areas as a designated representative 
of employees exercising an opportunity to observe employee exposure 
monitoring.
    DBCP means 1,2-dibromo-3-chloropropane, Chemical Abstracts Service 
Registry Number 96-12-8, and includes all forms of DBCP.
    Director means the Director, National Institute for Occupational 
Safety and Health, U.S. Department of Health and Human Services, or 
designee.
    Emergency means any occurrence such as, but not limited to equipment 
failure, rupture of containers, or failure of control equipment which 
may, or does, result in an unexpected release of DBCP.
    OSHA Area Office means the Area Office of the Occupational Safety 
and Health Administration having jurisdiction over the geographic area 
where the affected workplace is located.
    Assistant Secretary means the Assistant Secretary of Labor for 
Occupational Safety and Health, U.S. Department of Labor, or designee.
    (c) Permissible exposure limit--(1) Inhalation. The employer shall 
assure that no employee is exposed to an airborne concentration of DBCP 
in excess of 1 part DBCP per billion parts of air (ppb) as an 8-hour 
time-weighted average.
    (2) Dermal and eye exposure. The employer shall assure that no 
employee is exposed to eye or skin contact with DBCP.
    (d) Notification of use. Within ten (10) days following the 
introduction of DBCP into the workplace, every employer who has a 
workplace where DBCP is present, shall report the following information 
to the nearest OSHA Area Office for each such workplace;
    (1) The address and location of the workplace:
    (2) A brief description of each process or operation which may 
result in employee exposure to DBCP;
    (3) The number of employees engaged in each process or operation who 
may be exposed to DBCP and an estimate of the frequency and degree of 
exposure that occurs; and
    (4) A brief description of the employer's safety and health program 
as it relates to limitation of employee exposure to DBCP.
    (e) Regulated areas. (1) The employer shall establish, within each 
place of employment, regulated areas wherever DBCP concentrations are in 
excess of the permissible exposure limit.
    (2) The employer shall limit access to regulated areas to authorized 
persons.
    (f) Exposure monitoring--(1) General. (i) Determinations of airborne 
exposure levels shall be made from air samples that are representative 
of each employee's exposure to DBCP over an 8-hour period.
    (ii) For the purposes of this paragraph, employee exposure is that 
exposure which would occur if the employee were not using a respirator.
    (2) Initial. Each employer who has a place of employment in which 
DBCP is present, shall monitor each workplace and work operation to 
accurately determine the airborne concentrations of DBCP to which 
employees may be exposed.
    (3) Frequency. (i) If the monitoring required by this section 
reveals employee exposures to be below the permissible exposure limit, 
the employer shall repeat these measurements at least quarterly.
    (ii) If the monitoring required by this section reveals employee 
exposures to be in excess of the permissible exposure limit, the 
employer shall repeat these measurements for each such employee at least 
monthly. The employer shall continue monthly monitoring until at least 
two consecutive measurements, taken at least seven (7) days apart, are 
below the permissible exposure limit. Thereafter the employer shall 
monitor at least quarterly.
    (4) Additional. Whenever there has been a production, process, 
control, or personnel change which may result in

[[Page 305]]

any new or additional exposure to DBCP, or whenever the employer has any 
reason to suspect new or additional exposures to DBCP, the employer 
shall monitor the employees potentially affected by such change for the 
purpose of redetermining their exposure.
    (5) Employee notification. (i) Within five (5) working days after 
the receipt of monitoring results, the employer shall notify each 
employee in writing of the measurements which represent the employee's 
exposure.
    (ii) Whenever the results indicate that employee exposure exceeds 
the permissible exposure limit, the employer shall include in the 
written notice a statement that the permissible exposure limit was 
exceeded and a description of the corrective action being taken to 
reduce exposure to or below the permissible exposure limit.
    (6) Accuracy of measurement. The employer shall use a method of 
measurement which has an accuracy, to a confidence level of 95 percent, 
of not less than plus or minus 25 percent for concentrations of DBCP at 
or above the permissible exposure limit.
    (g) Methods of compliance--(1) Priority of compliance methods. The 
employer shall institute engineering and work practice controls to 
reduce and maintain employee exposures to DBCP at or below the 
permissible exposure limit, except to the extent that the employer 
establishes that such controls are not feasible. Where feasible 
engineering and work practice controls are not sufficient to reduce 
employee exposures to within 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 use of 
respiratory protection.
    (2) Compliance program. (i) The employer shall establish and 
implement a written program to reduce employee exposures to DBCP to or 
below the permissible exposure limit solely by means of engineering and 
work practice controls as required by paragraph (g)(1) of this section.
    (ii) The written program shall include a detailed schedule for 
development and implementation of the engineering and work practice 
controls. These plans shall be revised at least every six months to 
reflect the current status of the program.
    (iii) Written plans for these compliance programs shall be submitted 
upon request to the Assistant Secretary and the Director, and shall be 
available at the worksite for examination and copying by the Assistant 
Secretary, the Director, and any affected employee or designated 
representative of employees.
    (iv) The employer shall institute and maintain at least the controls 
described in his most recent written compliance program.
    (h) Respiratory protection--(1) General. For employees who are 
required to use respirators by this section, the employer must provide 
respirators that comply with the requirements of this paragraph. 
Respirators must be used during:
    (i) Periods necessary to install or implement feasible engineering 
and work-practice controls.
    (ii) Maintenance and repair activities for which engineering and 
work-practice controls are not feasible.
    (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 the appropriate 
respirator from Table 1 of this section.

                Table 1--Respiratory Protection for DBCP
------------------------------------------------------------------------
  Airborne concentration of
   DBCP or condition of use                 Respirator type
------------------------------------------------------------------------
(a) Less than or equal to 10   (1) Any supplied-air respirator; or (2)
 ppb.                           any self-contained breathing apparatus.
(b) Less than or equal to 50   (1) Any supplied-air respirator with full
 ppb.                           facepiece, helmet, or hood; or (2) any
                                self-contained breathing apparatus with
                                full facepiece.

[[Page 306]]


(c) Less than or equal to      (1) A Type C supplied-air respirator
 1,000 ppb.                     operated in pressure-demand or other
                                positive pressure or continuous flow
                                mode.
(d) Less than or equal to      (1) A Type C supplied-air respirator with
 2,000 ppb.                     full facepiece operated in pressure-
                                demand or other positive pressure mode,
                                or with full facepiece, helmet, or hood
                                operated in continuous flow mode.
(e) Greater than 2,000 ppb or  (1) A combination respirator which
 entry and escape from          includes a Type C supplied-air
 unknown concentrations.        respirator with full facepiece operated
                                in pressure-demand or other positive
                                pressure or continuous flow mode and an
                                auxiliary self-contained breathing
                                apparatus operated in pressure-demand or
                                positive pressure mode; or (2) a self-
                                contained breathing apparatus with full
                                facepiece operated in pressure-demand or
                                other positive pressure mode.
(f) Firefighting.............  (1) A self-contained breathing apparatus
                                with full facepiece operated in pressure-
                                demand or other positive pressure mode.
------------------------------------------------------------------------

    (i) Emergency situations--(1) Written plans. (i) A written plan for 
emergency situations shall be developed for each workplace in which DBCP 
is present.
    (ii) Appropriate portions of the plan shall be implemented in the 
event of an emergency.
    (2) Employees engaged in correcting emergency conditions shall be 
equipped as required in paragraphs (h) and (j) of this section until the 
emergency is abated.
    (3) Evacuation. Employees not engaged in correcting the emergency 
shall be removed and restricted from the area and normal operations in 
the affected area shall not be resumed until the emergency is abated.
    (4) Alerting employees. Where there is a possibility of employee 
exposure to DBCP due to the occurrence of an emergency, a general alarm 
shall be installed and maintained to promptly alert employees of such 
occurrences.
    (5) Medical surveillance. For any employee exposed to DBCP in an 
emergency situation, the employer shall provide medical surveillance in 
accordance with paragraph (m)(6) of this section.
    (6) Exposure monitoring. (i) Following an emergency, the employer 
shall conduct monitoring which complies with paragraph (f) of this 
section.
    (ii) In workplaces not normally subject to periodic monitoring, the 
employer may terminate monitoring when two consecutive measurements 
indicate exposures below the permissible exposure limit.
    (j) Protective clothing and equipments--(1) Provision and use. Where 
there is any possibility of eye or dermal contact with liquid or solid 
DBCP, the employer shall provide, at no cost to the employee, and assure 
that the employee wears impermeable protective clothing and equipment to 
protect the area of the body which may come in contact with DBCP. Eye 
and face protection shall meet the requirements of Sec. 1910.133 of this 
part.
    (2) Removal and storage. (i) The employer shall assure that 
employees remove DBCP contaminated work clothing only in change rooms 
provided in accordance with paragraph (l) (1) of this section.
    (ii) The employer shall assure that employees promptly remove any 
protective clothing and equipment which becomes contaminated with DBCP-
containing liquids and solids. This clothing shall not be reworn until 
the DBCP has been removed from the clothing or equipment.
    (iii) The employer shall assure that no employee takes DBCP 
contaminated protective devices and work clothing out of the change 
room, except those employees authorized to do so for the purpose of 
laundering, maintenance, of disposal.
    (iv) DBCP-contaminated protective devices and work clothing shall be 
placed and stored in closed containers which prevent dispersion of the 
DBCP outside the container.
    (v) Containers of DBCP contaminated protective devices or work 
clothing which are to be taken out of change rooms or the workplace for 
cleaning, maintenance or disposal, shall bear labels in accordance with 
paragraph (o)(3) of this section.

[[Page 307]]

    (3) Cleaning and replacement. (i) The employer shall clean, launder, 
repair, or replace protective clothing and equipment required by this 
paragraph to maintain their effectiveness. The employer shall provide 
clean protective clothing and equipment at least daily to each affected 
employee.
    (ii) The employer shall inform any person who launders or clean 
DBCP-contaminated protective clothing or equipment of the potentially 
harmful effects of exposure to DBCP.
    (iii) The employer shall prohibit the removal of DBCP from 
protective clothing and equipment by blowing or shaking.
    (k) Housekeeping--(1) Surfaces. (i) All workplace surfaces shall be 
maintained free of visible accumulations of DBCP.
    (ii) Dry sweeping and the use of compressed air for the cleaning of 
floors and other surfaces is prohibited where DBCP dusts or liquids are 
present.
    (iii) Where vacuuming methods are selected to clean floors and other 
surfaces, either portable units or a permanent system may be used.
    (a) If a portable unit is selected, the exhaust shall be attached to 
the general workplace exhaust ventilation system or collected within the 
vacuum unit, equipped with high efficiency filters or other appropriate 
means of contaminant removal, so that DBCP is not reintroduced into the 
workplace air; and
    (b) Portable vacuum units used to collect DBCP may not be used for 
other cleaning purposes and shall be labeled as prescribed by paragraph 
(o)(3) of this section.
    (iv) Cleaning of floors and other surfaces contaminated with DBCP-
containing dusts shall not be performed by washing down with a hose, 
unless a fine spray has first been laid down.
    (2) Liquids. Where DBCP is present in a liquid form, or as a 
resultant vapor, all containers or vessels containing DBCP shall be 
enclosed to the maximum extent feasible and tightly covered when not in 
use.
    (3) Waste disposal. DBCP waste scrap, debris, containers or 
equipment, shall be disposed of in sealed bags or other closed 
containers which prevent dispersion of DBCP outside the container.
    (l) 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 paragraphs (h) and (j) 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 assure that employees whose skin becomes 
contaminated with DBCP-containing liquids or solids immediately wash or 
shower to remove any DBCP from the skin.
    (iii) The employer shall provide shower facilities in accordance 
with 29 CFR 1910.141(d)(3).
    (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 
regulated areas.
    (4) Lavatories. (i) The employer shall assure that employees working 
in the regulated area remove protective clothing and wash their hands 
and face prior to eating.
    (ii) The employer shall provide a sufficient number of lavatory 
facilities which comply with 29 CFR 1910.141(d) (1) and (2).
    (5) Prohibition of activities in regulated areas. The employer shall 
assure that, in regulated areas, food or beverages are not present or 
consumed, smoking products and implements are not present or used, and 
cosmetics are not present or applied.
    (m) Medical surveillance--(1) General. (i) The employer shall make 
available a medical surveillance program for employees who work in 
regulated areas and employees who are subjected to DBCP exposures in an 
emergency situation.
    (ii) All medical examinations and procedures shall be performed by 
or under the supervision of a licensed physician, and shall be provided 
without cost to the employee.
    (2) Frequency and content. At the time of initial assignment, and 
annually

[[Page 308]]

thereafter, the employer shall provide a medical examination for 
employees who work in regulated areas, which includes at least the 
following:
    (i) A medical and occupational history including reproductive 
history.
    (ii) A physical examination, including examination of the genito-
urinary tract, testicle size and body habitus, including a determination 
of sperm count.
    (iii) A serum specimen shall be obtained and the following 
determinations made by radioimmunoassay techniques utilizing National 
Institutes of Health (NIH) specific antigen or one of equivalent 
sensitivity:
    (a) Serum follicle stimulating hormone (FSH);
    (b) Serum luteinizing hormone (LH); and
    (c) Serum total estrogen (females).
    (iv) Any other tests deemed appropriate by the examining physician.
    (3) Additional examinations. If the employee for any reason develops 
signs or symptoms commonly associated with exposure to DBCP, the 
employer shall provide the employee with a medical examination which 
shall include those elements considered appropriate by the examining 
physician.
    (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 appendices;
    (ii) A description of the affected employee's duties as they relate 
to the employee's exposure;
    (iii) The level of DBCP to which the employee is exposed; and
    (iv) A description of any personal protective equipment used or to 
be used.
    (5) Physician's written opinion. (i) For each examination under this 
section, the employer shall obtain and provide the employee with a 
written opinion from the examining physician which shall include:
    (a) The results of the medical tests performed;
    (b) The physician's opinion as to whether the employee has any 
detected medical condition which would place the employee at an 
increased risk of material impairment of health from exposure to DBCP; 
and
    (c) Any recommended limitations upon the employee's exposure to DBCP 
or upon the use of protective clothing and equipment such as 
respirators.
    (ii) The employer shall instruct the physician not to reveal in the 
written opinion specific findings or diagnoses unrelated to occupational 
exposure.
    (6) Emergency situations. If the employee is exposed to DBCP in an 
emergency situation, the employer shall provide the employee with a 
sperm count test as soon as practicable, or, if the employee has been 
vasectionized or is unable to produce a semen specimen, the hormone 
tests contained in paragraph (m)(2)(iii) of this section. The employer 
shall provide these same tests three months later.
    (n) Employee information and training--(1) Training program. (i) The 
employer shall institute a training program for all employees who may be 
exposed to DBCP and shall assure their participation in such training 
program.
    (ii) The employer shall assure that each employee is informed of the 
following:
    (a) The information contained in Appendix A;
    (b) The quantity, location, manner of use, release or storage of 
DBCP and the specific nature of operations which could result in 
exposure to DBCP as well as any necessary protective steps;
    (c) The purpose, proper use, and limitations of respirators;
    (d) The purpose and description of the medical surveillance program 
required by paragraph (m) of this section; and
    (e) A review of this standard, including appendices.
    (2) Access to training materials. (i) The employer shall make a copy 
of this standard and its appendices readily available to all affected 
employees.
    (ii) The employer shall provide, upon request, all materials 
relating to the employee information and training program to the 
Assistant Secretary and the Director.
    (o) Signs and labels--(1) General. (i) The employer may use labels 
or signs required by other statutes, regulations,

[[Page 309]]

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 or label required by this paragraph which contradicts or 
detracts from the required sign or label.
    (2) Signs. (i) The employer shall post signs to clearly indicate all 
regulated areas. These signs shall bear the legend:

                                 DANGER

                       1,2-Dibromo-3-chloropropane

               (Insert appropriate trade or common names)

                              CANCER HAZARD

                        AUTHORIZED PERSONNEL ONLY

                           RESPIRATOR REQUIRED

    (3) Labels. (i) The employer shall assure that precautionary labels 
are affixed to all containers of DBCP and of products containing DBCP in 
the workplace, and that the labels remain affixed when the DBCP or 
products containing DBCP are sold, distributed, or otherwise leave the 
employer's workplace. Where DBCP or products containing DBCP are sold, 
distributed or otherwise leave the employer's workplace bearing 
appropriate labels required by EPA under the regulations in 40 CFR Part 
162, the labels required by this paragraph need not be affixed.
    (ii) The employer shall assure that the precautionary labels 
required by this paragraph are readily visible and legible. The labels 
shall bear the following legend:

                                 DANGER

                       1,2-Dibromo-3-chloropropane

                              CANCER HAZARD

    (p) Recordkeeping--(1) Exposure monitoring. (i) The employer shall 
establish and maintain an accurate record of all monitoring required by 
paragraph (f) of this section.
    (ii) This record shall include:
    (a) The dates, number, duration and results of each of the samples 
taken, including a description of the sampling procedure used to 
determine representative employee exposure;
    (b) A description of the sampling and analytical methods used;
    (c) Type of respiratory protective devices worn, if any; and
    (d) Name, social security number, and job classification of the 
employee monitored and of all other employees whose exposure the 
measurement is intended to represent.
    (iii) The employer shall maintain this record for at least 40 years 
or the duration of employment plus 20 years, whichever is longer.
    (2) Medical surveillance. (i) The employer shall establish and 
maintain an accurate record for each employee subject to medical 
surveillance required by paragraph (m) of this section.
    (ii) This record shall include:
    (a) The name and social security number of the employee;
    (b) A copy of the physician's written opinion;
    (c) Any employee medical complaints related to exposure to DBCP;
    (d) A copy of the information provided the physician as required by 
paragraphs (m)(4)(ii) through (m)(4)(iv) of this section; and
    (e) A copy of the employee's medical and work history.
    (iii) The employer shall maintain this record for at least 40 years 
or the duration of employment plus 20 years, whichever is longer.
    (3) Availability. (i) The employer shall assure that all records 
required to be maintained by this section be made available upon request 
to the Assistant Secretary and the Director for examination and copying.
    (ii) Employee exposure monitoring 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) through (e) and (g) through (i).
    (4) Transfer of records. (i) If the employer ceases to do business, 
the successor employer shall receive and retain all records required to 
be maintained by paragraph (p) of this section for the prescribed 
period.
    (ii) If the employer ceases to do business and there is no successor 
employer to receive and retain the records for the prescribed period, 
the employer shall transmit these records by mail to the Director.
    (iii) At the expiration of the retention period for the records 
required to be maintained under paragraph (p) of

[[Page 310]]

this section, the employer shall transmit these records by mail to the 
Director.
    (iv) The employer shall also comply with any additional requirements 
involving transfer of records set forth in 29 CFR 1910.20(h).
    (q) Observation of monitoring--(1) Employee observation. The 
employer shall provide affected employees, or their designated 
representatives, with an opportunity to observe any monitoring of 
employee exposure to DBCP required by this section.
    (2) Observation procedures. (i) Whenever observation of the 
measuring or monitoring of employee exposure to DBCP requires entry into 
an area where the use of protective clothing or equipment is required, 
the employer shall provide the observer with personal protective 
clothing or equipment required to be worn by employees working in the 
area, assure the use of such clothing and equipment, and require the 
observer to comply with all other applicable safety and health 
procedures.
    (ii) Without interfering with the monitoring or measurement, 
observers shall be entitled to:
    (a) Receive an explanation of the measurement procedures;
    (b) Observe all steps related to the measurement of airborne 
concentrations of DBCP performed at the place of exposure; and
    (c) Record the results obtained.
    (r) Appendices. The information contained in the appendices is not 
intended, by itself, to create any additional obligations not otherwise 
imposed or to detract from any existing obligation.

   Appendix A to Sec. 1910.1044--Substance Safety Data Sheet For DBCP

                       i. Substance Identification

    A. Synonyms and trades names: DBCP; Dibromochloropropane; Fumazone 
(Dow Chemical Company TM); Nemafume; Nemagon (Shell Chemical Co. TM); 
Nemaset; BBC 12; and OS 1879.
    B. Permissible exposure:
    1. Airborne. 1 part DBCP vapor per billion parts of air (1 ppb); 
time-weighted average (TWA) for an 8-hour workday.
    2. Dermal. Eye contact and skin contact with DBCP are prohibited.
    C. Appearance and odor: Technical grade DBCP is a dense yellow or 
amber liquid with a pungent odor. It may also appear in granular form, 
or blended in varying concentrations with other liquids.
    D. Uses: DBCP is used to control nematodes, very small worm-like 
plant parasites, on crops including cotton, soybeans, fruits, nuts, 
vegetables and ornamentals.

                         ii. Health Hazard Data

    A. Routes of entry: Employees may be exposed:
    1. Through inhalation (breathing);
    2. Through ingestion (swallowing);
    3. Skin contact; and
    4. Eye contact.
    B. Effects of exposure:
    1. Acute exposure. DBCP may cause drowsiness, irritation of the 
eyes, nose, throat and skin, nausea and vomiting. In addition, 
overexposure may cause damage to the lungs, liver or kidneys.
    2. Chronic exposure. Prolonged or repeated exposure to DBCP has been 
shown to cause sterility in humans. It also has been shown to produce 
cancer and sterility in laboratory animals and has been determined to 
constitute an increased risk of cancer in man.
    3. Reporting Signs and Symptoms. If you develop any of the above 
signs or symptoms that you think are caused by exposure to DBCP, you 
should inform your employer.

                   iii. Emergency First Aid Procedures

    A. Eye exposure. If DBCP liquid or dust containing DBCP gets into 
your eyes, wash your eyes immediately with large amounts of water, 
lifting the lower and upper lids occasionally. Get medical attention 
immediately. Contact lenses should not be worn when working with DBCP.
    B. Skin exposure. If DBCP liquids or dusts containing DBCP get on 
your skin, immediately wash using soap or mild detergent and water. If 
DBCP liquids or dusts containing DBCP penetrate through your clothing, 
remove the clothing immediately and wash. If irritation is present after 
washing get medical attention.
    C. Breathing. If you or any person breathe in large amounts of DBCP, 
move the exposed person to fresh air at once. If breathing has stopped, 
perform artificial respiration. Do not use mouth-to-mouth. Keep the 
affected person warm and at rest. Get medical attention as soon as 
possible.
    D. Swallowing. When DBCP has been swallowed and the person is 
conscious, give the person large amounts of water immediately. After the 
water has been swallowed, try to get the person to vomit by having him 
touch the back of his throat with his finger. Do not make an unconscious 
person vomit. Get medical attention immediately.

[[Page 311]]

    E. Rescue. Notify someone. Put into effect the established emergency 
rescue procedures. Know the locations of the emergency rescue equipment 
before the need arises.

                 iv. Respirators and Protective Clothing

    A. Respirators. You may be required to wear a respirator in 
emergencies and while your employer is in the process of reducing DBCP 
exposures through engineering controls. If respirators are worn, they 
must have a National Institute for Occupational Safety and Health 
(NIOSH) approval label (Older respirators may have a Bureau of Mines 
Approval label). For effective protection, a respirator must fit your 
face and head snugly. The respirator should not be loosened or removed 
in work situations where its use is required. DBCP does not have a 
detectable odor except at 1,000 times or more above the permissible 
exposure limit. If you can smell DBCP while wearing a respirator, the 
respirator is not working correctly; go immediately to fresh air. If you 
experience difficulty breathing while wearing a respirator, tell your 
employer.
    B. Protective clothing. When working with DBCP you must wear for 
your protection impermeable work clothing provided by your employer. 
(Standard rubber and neoprene protective clothing do not offer adequate 
protection).
    DBCP must never be allowed to remain on the skin. Clothing and shoes 
must not be allowed to become contaminated with DBCP, and if they do, 
they must be promptly removed and not worn again until completely free 
of DBCP. Turn in impermeable clothing that has developed leaks for 
repair or replacement.
    C. Eye protection. You must wear splash-proof safety goggles where 
there is any possibility of DBCP liquid or dust contacting your eyes.

           v. Precautions for Safe Use, Handling, and Storage

    A. DBCP must be stored in tightly closed containers in a cool, well-
ventilated area.
    B. If your work clothing may have become contaminated with DBCP, or 
liquids or dusts containing DBCP, you must change into uncontaminated 
clothing before leaving the work premises.
    C. You must promptly remove any protective clothing that becomes 
contaminated with DBCP. This clothing must not be reworn until the DBCP 
is removed from the clothing.
    D. If your skin becomes contaminated with DBCP, you must immediately 
and thoroughly wash or shower with soap or mild detergent and water to 
remove any DBCP from your skin.
    E. You must not keep food, beverages, cosmetics, or smoking 
materials, nor eat or smoke, in regulated areas.
    F. If you work in a regulated area, you must wash your hands 
thoroughly with soap or mild detergent and water, before eating, smoking 
or using toilet facilities.
    G. If you work in a regulated area, you must remove any protective 
equipment or clothing before leaving the regulated area.
    H. Ask your supervisor where DBCP is used in your work area and for 
any additional safety and health rules.

                        vi. Access to Information

    A. Each year, your employer is required to inform you of the 
information contained in this Substance Safety Data Sheet for DBCP. In 
addition, your employer must instruct you in the safe use of DBCP, 
emergency procedures, and the correct use of protective equipment.
    B. Your employer is required to determine whether you are being 
exposed to DBCP. You or your representative have the right to observe 
employee exposure measurements and to record the result obtained. Your 
employer is required to inform you of your exposure. If your employer 
determines that you are being overexposed, he is required to inform you 
of the actions which are being taken to reduce your exposure.
    C. Your employer is required to keep records of your exposure and 
medical examinations. Your employer is required to keep exposure and 
medical data for at least 40 years or the duration of your employment 
plus 20 years, whichever is longer.
    D. Your employer is required to release exposure and medical records 
to you, your physician, or other individual designated by you upon your 
written request.

  Appendix B to Sec. 1910.1044--Substance Technical Guidelines for DBCP

                      i. Physical and Chemical Data

    A. Substance Identification
    1. Synonyms: 1,2-dibromo-3-chloropropane; DBCP, Fumazone; Nemafume; 
Nemagon; Nemaset; BBC 12; OS 1879. DBCP is also included in agricultural 
pesticides and fumigants which include the phrase ``Nema--'' in their 
name.
    2. Formula: C3H5Br2 C1.
    3. Molecular Weight: 236.
    B. Physical Data:
    1. Boiling point (760 mm HG): 195C (383F)
    2. Specific gravity (water=1): 2.093.
    3. Vapor density (air=1 at boiling point of DBCP): Data not 
available.
    4. Melting point: 6C (43F).
    5. Vapor pressure at 20C (68F): 0.8 mm Hg
    6. Solubility in water: 1000 ppm.
    7. Evaporation rate (Butyl Acetate=1): very much less than 1.

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    8. Appearance and odor: Dense yellow or amber liquid with a pungent 
odor at high concentrations. Any detectable odor of DBCP indicates 
overexposure.

              ii. Fire Explosion and Reactivity Hazard Data

    A. Fire
    1. Flash point: 170F (77C)
    2. Autoignition temperature: Data not available.
    3. Flammable limits in air, percent by volume: Data not available.
    4. Extinguishing media: Carbon dioxide, dry chemical.
    5. Special fire-fighting procedures: Do not use a solid stream of 
water since a stream will scatter and spread the fire. Use water spray 
to cool containers exposed to a fire.
    6. Unusual fire and explosion hazards: None known.
    7. For purposes of complying with the requirements of Sec. 1910.106, 
liquid DBCP is classified as a Class III A combustible liquid.
    8. For the purpose of complying with Sec. 1910.309, the 
classification of hazardous locations as described in article 500 of the 
National Electrical Code for DBCP shall be Class I, Group D.
    9. For the purpose of compliance with Sec. 1910.157, DBCP is 
classified as a Class B fire hazard.
    10. For the purpose of compliance with Sec. 1910.178, locations 
classified as hazardous locations due to the presence of DBCP shall be 
Class I, Group D.
    11. Sources of ignition are prohibited where DBCP presents a fire or 
explosion hazard.
    B. Reactivity
    1. Conditions contributing to instability: None known.
    2. Incompatibilities: Reacts with chemically active metals, such as 
aluminum, magnesium and tin alloys.
    3. Hazardous decomposition products: Toxic gases and vapors (such as 
HBr, HCl and carbon monoxide) may be released in a fire involving DBCP.
    4. Special precautions: DBCP will attack some rubber materials and 
coatings.

                iii. Spill, Leak and Disposal Procedures

    A. If DBCP is spilled or leaked, the following steps should be 
taken:
    1. The area should be evacuated at once and re-entered only after 
thorough ventilation.
    2. Ventilate area of spill or leak.
    3. If in liquid form, collect for reclamation or absorb in paper, 
vermiculite, dry sand, earth or similar material.
    4. If in solid form, collect spilled material in the most convenient 
and safe manner for reclamation or for disposal.
    B. Persons not wearing protective equipment must be restricted from 
areas of spills or leaks until cleanup has been completed.
    C. Waste Disposal Methods:
    1. For small quantities of liquid DBCP, absorb on paper towels, 
remove to a safe place (such as a fume hood) and burn the paper. Large 
quantities can be reclaimed or collected and atomized in a suitable 
combustion chamber equipped with an appropriate effluent gas cleaning 
device. If liquid DBCP is absorbed in vermiculite, dry sand, earth or 
similar material and placed in sealed containers it may be disposed of 
in a State-approved sanitary landfill.
    2. If in solid form, for small quantities, place on paper towels, 
remove to a safe place (such as a fume hood) and burn. Large quantities 
may be reclaimed. However, if this is not practical, dissolve in a 
flammable solvent (such as alcohol) and atomize in a suitable combustion 
chamber equipped with an appropriate effluent gas cleaning device. DBCP 
in solid form may also be disposed in a state-approved sanitary 
landfill.

                iv. Monitoring and Measurement Procedures

    A. Exposure above the permissible exposure limit.
    1. Eight Hour Exposure Evaluation: Measurements taken for the 
purpose of determining employee exposure under this section are best 
taken so that the average 8-hour exposure may be determined from a 
single 8-hour sample or two (2) 4-hour samples. Air samples should be 
taken in the employee's breathing zone (air that would most nearly 
represent that inhaled by the employee).
    2. Monitoring Techniques: The sampling and analysis under this 
section may be performed by collecting the DBCP vapor on petroleum based 
charcoal absorption tubes with subsequent chemical analyses. The method 
of measurement chosen should determine the concentration of airborne 
DBCP at the permissible exposure limit to an accuracy of plus or minus 
25 percent. If charcoal tubes are used, a total volume of 10 liters 
should be collected at a flow rate of 50 cc. per minute for each tube. 
Analyze the resultant samples as you would samples of halogenated 
solvent.
    B. Since many of the duties relating to employee protection are 
dependent on the results of monitoring and measuring procedures, 
employers should assure that the evaluation of employee exposures is 
performed by a competent industrial hygienist or other technically 
qualified person.

                         v. Protective Clothing

    Employees should be required to wear appropriate protective clothing 
to prevent any possibility of skin contact with DBCP. Because DBCP is 
absorbed through the skin, it

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is important to prevent skin contact with both liquid and solid forms of 
DBCP. Protective clothing should include impermeable coveralls or 
similar fullbody work clothing, gloves, headcoverings, and workshoes or 
shoe coverings. Standard rubber and neoprene gloves do not offer 
adequate protection and should not be relied upon to keep DBCP off the 
skin. DBCP should never be allowed to remain on the skin. Clothing and 
shoes should not be allowed to become contaminated with the material, 
and if they do, they should be promptly removed and not worn again until 
completely free of the material. Any protective clothing which has 
developed leaks or is otherwise found to be defective should be repaired 
or replaced. Employees should also be required to wear splash-proof 
safety goggles where there is any possibility of DBCP contacting the 
eyes.

                 vi. Housekeeping and Hygiene Facilities

    1. The workplace must be kept clean, orderly and in a sanitary 
condition;
    2. Dry sweeping and the use of compressed air is unsafe for the 
cleaning of floors and other surfaces where DBCP dust or liquids are 
found. To minimize the contamination of air with dust, vacuuming with 
either portable or permanent systems must be used. If a portable unit is 
selected, the exhaust must be attached to the general workplace exhaust 
ventilation system, or collected within the vacuum unit equipped with 
high efficiency filters or other appropriate means of contamination 
removal and not used for other purposes. Units used to collect DBCP must 
be labeled.
    3. Adequate washing facilities with hot and cold water must be 
provided, and maintained in a sanitary condition. Suitable cleansing 
agents should also be provided to assure the effective removal of DBCP 
from the skin.
    4. Change or dressing rooms with individual clothes storage 
facilities must be provided to prevent the contamination of street 
clothes with DBCP. Because of the hazardous nature of DBCP, contaminated 
protective clothing must be stored in closed containers for cleaning or 
disposal.

                     vii. Miscellaneous Precautions

    A. Store DBCP in tightly closed containers in a cool, well 
ventilated area.
    B. Use of supplied-air suits or other impervious clothing (such as 
acid suits) may be necessary to prevent skin contact with DBCP. 
Supplied-air suits should be selected, used, and maintained under the 
supervision of persons knowlegeable in the limitations and potential 
life-endangering characteristics of supplied-air suits.
    C. The use of air-conditioned suits may be necessary in warmer 
climates.
    D. Advise employees of all areas and operations where exposure to 
DBCP could occur.

                         viii. Common Operations

    Common operations in which exposure to DBCP is likely to occur are: 
during its production; and during its formulation into pesticides and 
fumigants.

 Appendix C to Sec. 1910.1044--Medical Surveillance Guidelines For DBCP

                            i. Route of Entry

    Inhalation; skin absorption

                             ii. Toxicology

    Recent data collected on workers involved in the manufacture and 
formulation of DBCP has shown that DBCP can cause sterility at very low 
levels of exposure. This finding is supported by studies showing that 
DBCP causes sterility in animals. Chronic exposure to DBCP resulted in 
pronounced necrotic action on the parenchymatous organs (i.e., liver, 
kidney, spleen) and on the testicles of rats at concentrations as low as 
5 ppm. Rats that were chronically exposed to DBCP also showed changes in 
the composition of the blood, showing low RBC, hemoglobin, and WBC, and 
high reticulocyte levels as well as functional hepatic disturbance, 
manifesting itself in a long prothrombin time. Reznik et al. noted a 
single dose of 100 mg produced profound depression of the nervous system 
of rats. Their condition gradually improved. Acute exposure also 
resulted in the destruction of the sex gland activity of male rats as 
well as causing changes in the estrous cycle in female rats. Animal 
studies have also associated DBCP with an increased incidence of 
carcinoma. Olson, et al. orally administered DBCP to rats and mice 5 
times per week at experimentally predetermined maximally tolerated doses 
and at half those doses. As early as ten weeks after initiation of 
treatment, DBCP induced a high incidence of squamous cell carcinomas of 
the stomach with metastases in both species. DBCP also induced mammary 
adenocarcinomas in the female rats at both dose levels.

                         iii. Signs and Symptoms

    A. Inhalation: Nausea, eye irritation, conjunctivitis, respiratory 
irritation, pulmonary congestion or edema, CNS depression with apathy, 
sluggishness, and ataxia.
    B. Dermal: Erythema or inflammation and dermatitis on repeated 
exposure.

                            iv. Special Tests

    A. Semen analysis: The following information excerpted from the 
document ``Evaluation of Testicular Function'', submitted by the 
Corporate Medical Department of the Shell Oil Company (exhibit 39-3), 
may be useful to physicians conducting the medical surveillance program;
    In performing semen analyses certain minimal but specific criteria 
should be met:

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    1. It is recommended that a minimum of three valid semen analyses be 
obtained in order to make a determination of an individual's average 
sperm count.
    2. A period of sexual abstinence is necessary prior to the 
collection of each masturbatory sample. It is recommended that 
intercourse or masturbation be performed 48 hours before the actual 
specimen collection. A period of 48 hours of abstinence would follow; 
then the masturbatory sample would be collected.
    3. Each semen specimen should be collected in a clean, widemouthed, 
glass jar (not necessarily pre-sterilized) in a manner designated by the 
examining physician. Any part of the seminal fluid exam should be 
initialed only after liquifaction is complete, i.e., 30 to 45 minutes 
after collection.
    4. Semen volume should be measured to the nearest \1/10\ of a cubic 
centimeter.
    5. Sperm density should be determined using routine techniques 
involving the use of a white cell pipette and a hemocytometer chamber. 
The immobilizing fluid most effective and most easily obtained for this 
process is distilled water.
    6. Thin, dry smears of the semen should be made for a morphologic 
classification of the sperm forms and should be stained with either 
hematoxalin or the more difficult, yet more precise, Papanicolaou 
technique. Also of importance to record is obvious sperm agglutination, 
pyospermia, delayed liquifaction (greater than 30 minutes), and 
hyperviscosity. In addition, pH, using nitrazine paper, should be 
determined.
    7. A total morphology evaluation should include percentages of the 
following:
    a. Normal (oval) forms,
    b. Tapered forms,
    c. Amorphous forms (include large and small sperm shapes),
    d. Duplicated (either heads or tails) forms, and
    e. Immature forms.
    8. Each sample should be evaluated for sperm viability (percent 
viable sperm moving at the time of examination) as well as sperm 
motility (subjective characterization of ``purposeful forward sperm 
progression'' of the majority of those viable sperm analyzed) within two 
hours after collection, ideally by the same or equally qualified 
examiner.
    B. Serum determinations: The following serum determinations should 
be performed by radioimmuno-assay techniques using National Institutes 
of Health (NIH) specific antigen or antigen preparations of equivalent 
sensitivity:
    1. Serum follicle stimulating hormone (FSH);
    2. Serum luteinizing hormone (LH); and
    3. Serum total estrogen (females only).

                              v. Treatment

    Remove from exposure immediately, give oxygen or artificial 
resuscitation if indicated. Contaminated clothing and shoes should be 
removed immediately. Flush eyes and wash contaminated skin. If swallowed 
and the person is conscious, induce vomiting. Recovery from mild 
exposures is usually rapid and complete.

             vi. Surveillance and Preventive Considerations

    A. Other considerations. DBCP can cause both acute and chronic 
effects. It is important that the physician become familiar with the 
operating conditions in which exposure to DBCP occurs. Those with 
respiratory disorders may not tolerate the wearing of negative pressure 
respirators.
    B. Surveillance and screening. Medical histories and laboratory 
examinations are required for each employee subject to exposure to DBCP. 
The employer should screen employees for history of certain medical 
conditions (listed below) which might place the employee at increased 
risk from exposure.
    1. Liver disease. The primary site of biotransformation and 
detoxification of DBCP is the liver. Liver dysfunctions likely to 
inhibit the conjugation reactions will tend to promote the toxic actions 
of DBCP. These precautions should be considered before exposing persons 
with impaired liver function to DBCP.
    2. Renal disease. Because DBCP has been associated with injury to 
the kidney it is important that special consideration be given to those 
with possible impairment of renal function.
    3. Skin desease. DBCP can penetrate the skin and can cause erythema 
on prolonged exposure. Persons with pre-existing skin disorders may be 
more susceptible to the effects of DBCP.
    4. Blood dyscrasias. DBCP has been shown to decrease the content of 
erythrocytes, hemoglobin, and leukocytes in the blood, as well as 
increase the prothrombin time. Persons with existing blood disorders may 
be more susceptible to the effects of DBCP.
    5. Reproductive disorders. Animal studies have associated DBCP with 
various effects on the reproductive organs. Among these effects are 
atrophy of the testicles and changes in the estrous cycle. Persons with 
pre-existing reproductive disorders may be at increased risk to these 
effects of DBCP.

                               References

    1. Reznik, Ya. B. and Sprinchan, G. K.: Experimental Data on the 
Gonadotoxic effect of Nemagon, Gig. Sanit., (6), 1975, pp. 101-102, 
(translated from Russian).
    2. Faydysh, E. V., Rakhmatullaev, N. N. and Varshavskii, V. A.: The 
Cytotoxic Action of Nemagon in a Subacute Experiment,

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Med. Zh. Uzbekistana, (No. 1), 1970, pp. 64-65, (translated from 
Russian).
    3. Rakhmatullaev, N. N.: Hygienic Characteristics of the Nematocide 
Nemagon in Relation to Water Pollution Control, Hyg. Sanit., 36(3), 
1971, pp. 344-348, (translated from Russian).
    4. Olson, W. A. et al.: Induction of Stomach Cancer in Rats and Mice 
by Halogenated Aliphatic Fumigants, Journal of the National Cancer 
Institute, (51), 1973, pp. 1993-1995.
    5. Torkelson, T. R. et al.: Toxicologic Investigations of 1,2-
Dibromo-3-chloropropane, Toxicology and Applied Pharmacology, 3, 1961 
pp. 545-559.

[43 FR 11527, Mar. 17, 1978, as amended at 45 FR 35283, May 23, 1980; 49 
FR 18295, Apr. 30, 1984; 54 FR 24334, June 7, 1989; 58 FR 35310, June 
30, 1993; 61 FR 5508, Feb. 13, 1996; 63 FR 1291, Jan. 8, 1998]